Cantabria Landlord-Tenant Laws: EVICTION PROCESS

The eviction process in Cantabria, as in the rest of Spain, is a strictly judicial procedure governed by the Ley de Enjuiciamiento Civil (LEC) and the Ley de Arrendamientos Urbanos (LAU). Since May 2023, the Ley 12/2023 (Housing Law) has introduced significant procedural hurdles, particularly requiring landlords to prove that the tenant is not in a state of social or economic vulnerability before proceeding with an eviction.

Grounds for Eviction

Under the LAU, a landlord in Cantabria may initiate eviction proceedings based on several grounds:

1. Non-payment of Rent: This triggers the Desahucio por falta de pago (eviction for lack of payment).
2. End of Lease Term: Known as Desahucio por expiración del plazo contractual.
3. Breach of Contract: Including unauthorized subletting, causing significant damage, or engaging in illegal/disturbing activities.
4. Owner's Necessity: If the landlord needs the property for their own primary residence or that of close relatives (under specific conditions).

Procedural Steps and Burofax

The process must begin with a formal, verifiable demand for payment or vacation of the property. In Cantabria, the standard instrument for this is the Burofax with acknowledgment of receipt and certificate of content (acuse de recibo y certificación de contenido). Sending a simple letter or email is insufficient to prove notice in a Spanish court.

• Payment Demand: If the eviction is for non-payment, the Burofax should give the tenant a final opportunity to pay.
• Wait Period: If the landlord waits at least 30 days after the Burofax before filing the lawsuit, the tenant loses the right to "enervate" (stop the eviction by paying the debt).

New Vulnerability Protections (Ley 12/2023)

The 2023 Housing Law mandates that landlords, particularly "large holders" (grandes tenedores), must follow a mediation procedure before filing for eviction if the tenant is in a vulnerable state. All landlords must now declare in their lawsuit whether the property is the tenant's primary residence and if the tenant is vulnerable.

• Suspension of Eviction: If a tenant is found to be vulnerable, the judge can suspend the eviction for up to 2 months (if the landlord is an individual) or 4 months (if a legal entity) while social services seek housing alternatives.

Regional Support in Cantabria

The Government of Cantabria provides mediation services through the Dirección General de Vivienda. Landlords are encouraged to seek professional legal counsel in Santander or Torrelavega to ensure that all procedural requirements of the LEC and the new Housing Law are met precisely, as any minor error can lead to the dismissal of the lawsuit.