Murcia Eviction Process and Timelines

Understanding the legal requirements for the Eviction Process in Murcia—governed primarily by the Ley de Enjuiciamiento Civil (LEC) and the Ley de Arrendamientos Urbanos (LAU), as amended by Ley 12/2023 and Constitutional Court Ruling 26/2025—is essential for landlords to recover possession of their property while avoiding criminal liability.

Non-Payment of Rent (Desahucio por Impago)

1. Burofax: Send a formal notice demanding payment. Under Article 22.4 of the LEC, doing this 30 days before filing prevents the tenant from "enervating" (cancelling) the eviction by paying late.
2. Lawsuit Admissibility: For the claim to be admitted, the plaintiff must state if the property is the occupant's habitual residence and if the landlord is a "Large Holder" (owning >10 residential properties, or >5 in stressed areas). Following Constitutional Court Ruling 26/2025, Large Holders are no longer required to provide proof of tenant vulnerability or undergo mandatory mediation before filing.
3. Enervación: If no prior demand was sent, the tenant may pay what is owed to cancel the eviction (allowed once per tenancy).

4. Court Order: The admission decree (Decreto de admisión) must fix the exact date and time for the physical eviction (lanzamiento). Evictions without a predetermined date and time are strictly prohibited under Article 440.3 of the LEC.

Because of the Ley 12/2023 housing law, additional protections exist for "vulnerable" tenants. If the tenant is found to be in a situation of social or economic vulnerability, the court may suspend the process under Article 441 of the LEC for a maximum of 2 months (if the landlord is an individual) or 4 months (if the landlord is a legal entity) to allow social services to provide a housing alternative.

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