Eviction proceedings for non-payment of rent are the judicial mechanism established to allow the landlord to recover possession of a property when the tenant fails to fulfil their payment obligation.
As a prior requirement, it is mandatory to attempt an out-of-court resolution of the dispute through mechanisms such as mediation, conciliation, or a binding offer. This effort must be evidenced with supporting documentation when filing the claim.
Once the claim is admitted, the Court Clerk will serve notice to the tenant, granting a period of ten working days to either pay the debt, vacate the property, or file a formal defence. During that same period, the tenant may avoid eviction by exercising the right of enervation, which consists of paying the full amount of the debt claimed, along with any amounts that have accrued up to the date of payment. For enervation to be accepted, payment must be made to the landlord, judicially deposited, or notarised, and must comply with the requirements set out in Article 22.4 of the Civil Procedure Act. This right may only be exercised once during the term of the lease. If payment is made correctly, the proceedings will be terminated by decree, and no eviction will be ordered. However, enervation does not terminate the lease agreement, and the tenant will be ordered to pay legal costs unless it is proven that the non-payment was attributable to the landlord, in accordance with Article 22.5 of the Civil Procedure Act.
Under the current legal framework, if the landlord has made a formal payment demand at least thirty days before filing the claim and the tenant has not paid, the tenant loses the right to enervate the eviction. While such a demand is not mandatory, it has significant legal consequences, as it prevents the tenant from retaining possession of the property by simply paying after judicial proceedings have been initiated. Therefore, although not a compulsory step, it is a recommended measure when the landlord wishes to prevent enervation.
If the tenant files a defence, a hearing will be held with the submission of evidence. The most common grounds for defence include proof of payment, the non-existence or prescription of the debt, or the nullity or ineffectiveness of the lease agreement—whether due to defects in its formation, the absence of a valid title, or breach of obligations by the landlord. If no legally justified reason is provided to exclude the payment obligation or prevent the eviction, a judgment in favour of the claimant will be issued.
In cases where the tenant’s situation of vulnerability is proven, the eviction proceedings may be suspended until 31 December 2025, in accordance with Royal Decree-Law 1/2025 of 14 January, which adopts urgent measures in the fields of economy, transport, social security, and to address situations of vulnerability. The tenant is responsible for alleging and proving such vulnerability. However, when the landlord qualifies as a large property holder, the situation may also be assessed by the public administration if the court notifies it of the existence of the proceedings.