Commercial Eviction Process in Valencia

The Legal Landscape of Valencia

The commercial eviction process in the Valencian Community is governed by the national Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (LAU), effective 1 January 1995, and the procedural framework of the Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil (LEC), which entered into force on 8 January 2001. These statutes define the substantive grounds for lease termination and the judicial steps required for repossession. Unlike residential leases, commercial tenancies (arrendamientos para uso distinto de vivienda) prioritize freedom of contract, though procedural requirements for eviction remain strictly mandatory.

Grounds for Eviction in Commercial Tenancies

Under Article 35 of the LAU, which refers back to the grounds listed in Article 27.2, the most frequent cause for eviction is the non-payment of rent or other amounts agreed upon, such as utilities, insurance premiums, or community fees. However, other significant grounds include:

1. Failure to pay the mandatory security deposit (fianza) or any required updates to it.
2. Unauthorized subletting or assignment of the lease without the landlord’s consent.
3. Deliberate damage to the property or unauthorized structural works.
4. Conducting activities that are considered noxious, unhealthy, harmful, dangerous, or illicit within the premises.

Pre-judicial Requirements: The Burofax

Before initiating court proceedings, landlords should serve a formal notice via Burofax with acknowledgment of receipt and a certificate of content (certificación de texto). This serves as evidence that the landlord demanded payment or the cessation of a breach. Under Article 22.4 of the LEC, if a landlord serves a formal notice at least 30 days before filing the lawsuit, the tenant loses the right to "enervar"—a legal mechanism that allows them to halt the eviction by paying arrears.

Judicial Phase: The "Desahucio Express"

The LEC provides a streamlined procedure often referred to as "Desahucio Express." Once the lawsuit is admitted by the court (Juzgado de Primera Instancia), the court issues a decree (decreto) giving the tenant ten business days to respond. The tenant has three options:

• Vacate and Pay: The tenant leaves the premises and settles the outstanding debt.
• Oppose the Claim: The tenant appears in court to contest the eviction, which leads to a trial (vista).
• Enervation: If the right still exists, the tenant pays the full amount to halt the eviction process (this can only be done once during the life of the lease).

If the tenant fails to respond within the ten-day period, the court directly schedules the lanzamiento (the physical eviction). In Valencia, the workload of the civil courts can vary by municipality, but timelines typically range from 6 to 12 months for a contested commercial eviction.

Regional Compliance: Fianza Deposit with GVA

In the Valencian Community, it is mandatory to deposit the security deposit (fianza)—which is two months' rent for commercial properties—with the Generalitat Valenciana (GVA) via the Conselleria de Servicios Sociales, Igualdad y Vivienda. Failure to comply constitutes an administrative infraction under Ley 8/2004, de 20 de octubre, de la Vivienda de la Comunidad Valenciana. Proper registry demonstrates adherence to regional obligations if the tenant raises administrative non-compliance as a defense.