Galicia Commercial Landlord-Tenant Laws: EVICTION PROCESS

Evicting a commercial tenant in Galicia is a strictly judicial procedure governed by the Spanish Urban Leases Act (LAU) and the Civil Procedure Law (Ley de Enjuiciamiento Civil - LEC, effective 8 January 2001). Landlords are prohibited from taking the law into their own hands, and any "self-help" measures, such as changing locks or cutting utilities, can lead to criminal charges.

1. Grounds for Termination (Art. 35 LAU)

Commercial leases (uso distinto del de vivienda) in Galicia can be terminated by the landlord for the following reasons, as per Article 35 of the LAU, which refers to Article 27.2:

• Non-payment of Rent: This is the most common cause. A single missed payment is legally sufficient to initiate the process.
• Unauthorized Subletting or Assignment: If the tenant sublets or assigns the lease without following the rules of Art. 32 LAU or the specific contract terms.
• Damages or Nuisance: Causing significant damage to the property or conducting activities that are harmful, unhealthy, or illegal.
• Failure to Pay the Security Deposit: Missing the initial or supplementary fianza payments.

2. The Pre-Litigation Phase: Formal Notice

Before filing a lawsuit, the landlord should send a formal demand for payment or performance via any reliable means (medio fehaciente) that provides certified proof of content and receipt.

• Purpose: It serves as definitive evidence in court that the tenant was notified.
• Preventing "Enervación": Under Art. 22.4 of the LEC, a tenant facing eviction for non-payment has a one-time right to stop the process by paying all arrears (enervación). However, if the landlord sends a demand for payment by any reliable means at least 30 days before filing the lawsuit, the tenant loses this right, and the eviction proceeds regardless of late payment.

3. The Judicial Process (Juicio Verbal)

The eviction is handled through a "Juicio Verbal," a faster legal proceeding designed for possession disputes.

• Requirement for Lawyer and Procurator: For most commercial evictions, both a lawyer (abogado) and a court representative (procurador) are mandatory, unless the amount claimed does not exceed 2,000 euros.
• The "Lanzamiento": This is the final step where court officials physically remove the tenant from the premises and return possession to the landlord.

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