La Rioja Eviction Process and Timelines

Evicting a tenant in La Rioja requires following the strict judicial procedures laid out in the Spanish Civil Procedure Act (Ley 1/2000), which became effective on 7 January 2000, as well as the grounds established in the Urban Leases Act (Ley 29/1994). Self-help evictions—such as changing locks, cutting utilities, or removing belongings—are strictly prohibited and can result in criminal charges for coercion under the Spanish Penal Code.

Non-Payment of Rent (Desahucio por Impago)

1. Burofax: Send a formal notice demanding payment. To prevent the right of enervación (Art. 22.4 LEC), this demand must be made at least 30 days before filing the lawsuit.
2. Lawsuit: File the eviction lawsuit including mandatory declarations under Art. 439 LEC regarding the tenant's habitual residence and the landlord's "Large Holder" status. Under Article 440.3 of the LEC, the court will notify the tenant, who has 10 working days to vacate, pay, or oppose the lawsuit.
3. Enervación: Under Article 22.4 of the LEC, the tenant may pay the full debt to cancel the eviction (allowed once per tenancy, unless a prior formal demand was ignored).

4. Court Order: A judge issues the decree of eviction and sets the date for the physical removal (lanzamiento).

Because of the Ley 12/2023 housing law, additional procedural requirements exist under Article 439 of the LEC. Plaintiffs must state whether the property is the tenant's habitual residence and whether the landlord is a "Large Holder" (owning more than 10 residential properties, or 5 in stressed zones). Large Holders must submit a certificate from social services regarding the tenant's vulnerability and, if the tenant is vulnerable, prove they attempted a mandatory mediation or conciliation process before the lawsuit is admissible. Consequently, evictions in La Rioja can often take 6 to 12 months depending on the court's schedule.

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