Commercial Evictions in Aragon

A default or a severe breach of contract by a commercial tenant (resulting from business insolvency, intentional delays, or unapproved structural works) negatively impacts a property owner's finances. The execution of a commercial eviction (desahucio) in Aragon follows the uniform framework applicable across Spain via the Civil Procedure Law (LEC).

Determining Causes for Eviction

A commercial lease in Aragon is considered resolved by right upon a clear breach of a contractual stipulation (Article 27 LAU), though judicial intervention is required to enforce the termination and recovery of the property if the tenant does not vacate voluntarily.

1. Unpaid Debts and Rent Arrears:

• Failure to pay the agreed-upon rental installments.
• Skipping payments for associated costs (such as assigned community HOA fees, electricity, or water utilities).
• Refusing the mandatory payment of accrued VAT on the commercial lease, or failing to cover corresponding IRPF withholdings on the official invoice.

2. Unapproved Subletting or Unpaid Assignments: If the business tenant undertakes an illegitimate "traspaso" (business transfer), undertakes subcontracts without explicit notification to the landlord, or refuses to apply the statutory rent increase penalty of 10% or 20% (Article 32 LAU).

3. Contractual Violations or Severe Damage: Proven, intentional deterioration of the premises. Engaging in activities that lack municipal licenses, or are noxious, unsanitary, structurally dangerous, or illegal, regardless of the originally agreed-upon use of the establishment.

The Additional Fiscal Impact (The VAT Trap)

Managing commercial arrears requires urgency due to the tax obligations in Spain. As a landlord in Aragon, the Spanish Tax Agency (AEAT) requires the corresponding 21% VAT invoiced every quarter, regardless of whether the tenant has paid. A prolonged default results in a double loss until the lease is legally terminated via court order and invoices cease.

The Lawsuit and Eviction Trial

Holding the same legal guarantees as residential evictions, any physical altercation, impediment, or "taking justice into your own hands" (such as changing the locks or forcing a closure of the business) violates the tenant's rights and invites severe criminal counter-charges.

1. The Formal Demand (Burofax): While not strictly mandatory to file a lawsuit for non-payment, sending a formal demand via a certified Burofax 30 days prior is essential to prevent enervación (the tenant's right to cure the debt and stop the eviction) under Article 22.4 of the LEC.
2. Legal Filing and Court Decree: The request must be processed through an attorney (abogado) and court representative (procurador) in the relevant Aragonese jurisdiction (Zaragoza, Huesca, Teruel). The court decree grants the tenant a 10-day period to submit a defense or pay the arrears.
3. The Eviction Day (Lanzamiento): If the judgment is firm, the court will issue an eviction warrant. Judicial officials will execute immediate restitution of the commercial premises on the designated day, allocating the legal costs of the lawsuit against the defaulting party.

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