Residential Eviction Process (Desahucio) in the Basque Country
Legal procedures, mandatory notice requirements, and the role of the Basque courts and police in the eviction process in Euskadi.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Evicting a tenant in the Basque Country is a strictly judicial process regulated by the Ley de Enjuiciamiento Civil (LEC). Landlords are strictly prohibited from using "self-help" methods like changing locks or cutting off utilities, which are considered criminal offenses (coercion).
Eviction Process in basque country
Burofax Demand
Send a formal payment demand via Burofax with acknowledgment of receipt and text certification.
Lawsuit Filing
If the debt is not paid within 30 days, file an eviction lawsuit (demanda de desahucio) with a lawyer and procurator.
Court Decree
The court issues a decree setting dates for the trial and the physical eviction (lanzamiento).
The Launch
If the tenant does not vacate, the judicial commission and the Ertzaintza (Basque Police) execute the eviction.
1. Legal Grounds for Eviction (Article 27 LAU)
A landlord can initiate the resolution of the contract and the subsequent eviction for several reasons:
- Non-payment of Rent or Utilities: Even a single month of unpaid rent is technically enough to start the process, although landlords typically wait for 2 months.
- Subletting without Consent: Renting out rooms or the whole property without the landlord's written permission.
- Malicious Damage or Unauthorized Works: Causing significant damage to the property or performing major renovations without consent.
- Nuisance and Illegal Activities: Engaging in activities that are annoying, unhealthy, harmful, or illegal on the premises.
2. The Crucial Role of the Burofax
Before going to court, the landlord should send a Burofax. This is not just a letter; it is a legally recognized method of notification in Spain.
- Stopping the "Enervación": By law, a tenant can stop their first eviction process by paying the full debt in court (enervación). However, if the landlord sends a Burofax demanding payment and the tenant doesn't pay within 30 days, the tenant loses the right to "enervate" and will be evicted even if they try to pay later.
- Proof of Debt: The Burofax serves as undeniable proof in court that the landlord attempted to resolve the issue amicably.
3. The Judicial Phase and "The Launch"
If the tenant does not respond to the court's demand or loses the trial:
- The Decree: The court will set a specific date and time for the physical eviction, known as the Lanzamiento.
- The Execution: On the day of the launch, a judicial commission arrives at the property. If the tenant refuses to leave, the Ertzaintza (Basque Autonomous Police) will be called to assist in the forced removal.
- The Locksmith: The landlord must provide a locksmith to change the locks immediately after the judicial commission grants possession.
Back to Basque Country Residential Overview.
Sources & Official References
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