Commercial Eviction Process in the Basque Country

Evicting a commercial tenant (offices, retail, or industrial warehouses) in the Basque Country is a strictly judicial process. Unlike residential tenants, commercial entities have fewer social protections, but the procedural requirements remain rigorous to ensure the validity of the lease termination.

1. Grounds for Termination (Art. 35 LAU)

Commercial leases in Euskadi can be terminated for several reasons under the Law on Urban Leases:

• Non-Payment: Failure to pay rent or any amount agreed upon (utilities, IBI, community fees).
• Unauthorized Subletting: Subletting the premises or assigning the lease without following the legal or contractual requirements.
• Damages or Nuisance: Causing structural damage to the property or engaging in activities that are noxious, unhealthy, or illegal.

2. Blocking the "Right to Cure" (Enervación)

Under Article 22.4 of the LEC, a tenant can stop an eviction once in the life of the contract by paying all debts in court.

• The Burofax Strategy: To prevent this, the landlord must send a formal Burofax demand at least 30 days before filing the lawsuit.
• Irrevocable Eviction: If the tenant does not pay within those 30 days, they lose the right to "enervar." Even if they offer the money later in court, the judge must proceed with the eviction.

3. Enforcement and the Ertzaintza

The final stage of the process is the Lanzamiento (physical eviction):

• Judicial Commission: Two court officials will attend the premises on the scheduled date to grant possession to the landlord.
• Police Assistance: In the Basque Country, the Ertzaintza (Basque Autonomous Police) provides the necessary force if the tenant refuses to leave or if there is a risk of public disorder.
• Locksmith: The landlord must provide a locksmith to change the locks during the court-supervised entry.

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