Legally speaking- Can they evict a tenant?- Laws in Spain

We recently rented out an apartment to people we know. They agreed to pay €400 per month and contribute to electric, gas, and water. The house is up for sale and they promised to move out and to show the apartment to prospective buyers. All this was agreed verbally with nothing in writing. Then they demanded we buy them a new washing machine. When we refused, the people stopped paying rent and utilities.
Now their behaviour is turning to threats and intimidation.

My questions are:
A) Can we legally stop giving him electricity and hot water?
B) What is the best way to get him out? Can I just lock him out?

J.B. (Costa Blanca)

Even when a tenant stops paying rent, the landlord cannot legally use coercive measures like changing the locks or cutting off the water supply. To evict them you will need a lawyer to apply for an eviction order from the court. This is called desahucio in Spanish.
If you do not have a written contract, the procedure is basically the same.  It will take six months or more and cost you at least €500.

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Written by

David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.


    • David Clark

      05 September 2020 • 17:22

      Hi David,
      Not a comment but a question, I’m president of a small community of owers on the Costa Blanca, ten houses that share a pool. One of the owners is renting their house through Airbnb to groups of young rowdy tourists holding noisy botellónes late into the night or at the pool. Can we as a registered community ban the rentals under the decree of 7/2019

    • camelia

      24 September 2020 • 12:12

      No you cannot if the owner has tourist licence granted before March 2019. As a resident and owner they have rights to rent their home out and you cannot control that no more than other residents having noisy family or guests using the community areas, holidaymakers are noisy and so are residents it is part of living in a community as some urbanisations are like grave yards due to the miserable expats always complaining. Its Spain fiestas , music fun, fireworks, get a life and join in thats why most of us move to Spain to get away from moaning poms.


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