Eviction in Spain in 2026 appears to be undergoing a significant development following the end of exceptional measures, which could lead to a certain acceleration of procedures, both in relation to tenants and to unlawful occupants (“okupas”).
In recent years, the eviction framework in Spain has been heavily shaped by various exceptional measures affecting both tenants and unlawful occupants (“okupas”). These measures were initially adopted in response to the COVID-19 health crisis and were extended several times. In particular, they introduced the temporary suspension of certain eviction proceedings, as well as the suspension of evictions, where occupants were found to be in a situation of economic or social vulnerability.
Generally, such vulnerability was recognised where household income did not exceed certain thresholds linked to the IPREM (Public Indicator of Multiple Effect Income), and where rent and essential expenses accounted for more than approximately 30% of that income, provided that no alternative housing solution was available. In practice, proof of such vulnerability relied mainly on reports issued by social services and on financial documentation provided by the occupant, which in many cases led to the suspension of proceedings for extended periods, even in the presence of a clear contractual breach, such as non-payment of rent.
Although these measures were initially intended to be temporary and exceptional, their repeated extensions created significant legal uncertainty for property owners, who often experienced substantial delays in recovering possession of their properties.
Eviction in Spain: procedure in 2026
Since 26 February 2026, following the rejection by Parliament of the latest extension adopted by decree-law, there is no longer any automatic and generalised suspension of eviction proceedings in Spain based on the vulnerability of occupants. Consequently, possession recovery proceedings are now once again governed by the ordinary regime set out in the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil, “LEC”). This framework forms part of the general system governing eviction in Spain.
Under Spanish law, three main grounds for eviction can be identified: (i) non-payment of rent or equivalent amounts, (ii) expiry of the lease term, and (iii) occupation without legal title or right. The latter includes situations commonly referred to as “okupas”, which currently represent a significant issue in Spain. These proceedings are generally conducted under the “juicio verbal” (summary proceedings), in accordance with Articles 249 and 250 of the LEC.
However, procedural law continues to provide certain protection mechanisms for occupants in vulnerable situations. Pursuant to paragraphs 5, 6 and 7 of Article 441 of the LEC, where the property concerned constitutes the defendant’s habitual residence and a potential situation of vulnerability is identified, the court must inform the competent public authorities responsible for housing and social assistance.
Upon receiving information from social services, or once the relevant deadline has expired, the court—after allowing the parties to submit their observations—may order the suspension of the proceedings or of the eviction for a maximum period of two months where the claimant is a natural person, or four months where the claimant is a legal entity or a large property holder. Once this period has elapsed, or once appropriate measures have been adopted by the relevant authorities, the suspension is automatically lifted and the proceedings resume.
The judicial decision requires a balanced assessment of the circumstances of both parties. In determining economic vulnerability, account may be taken of whether rent and basic expenses exceed 30% of household income and whether such income does not generally exceed three times the monthly IPREM, subject to adjustments depending on household composition or the presence of disability or dependency situations. Social vulnerability factors may also be considered, such as the presence of minors, dependent persons, or victims of gender-based violence.
Consequently, the current system reflects a return to a more predictable procedural framework for property owners, while still maintaining temporary and exceptional social protection mechanisms for vulnerable occupants.
This issue must also be considered within a broader European context. In a resolution on the housing crisis in the European Union (2025/2070(INI)), adopted on 24 February 2026, the European Parliament emphasised the importance of ensuring that Member States have effective legal mechanisms allowing property owners to recover possession of their real estate through judicial eviction decisions within a reasonable timeframe, while also guaranteeing legal certainty and protection against unlawful occupation. At the same time, the institution stressed that public housing policies must strike an appropriate balance between the protection of property owners and that of occupants, in order to safeguard both property rights, residential stability and social cohesion.
In Spain, eviction has become a particularly relevant issue due to the increase in phenomena such as illegal occupation of properties and what is commonly referred to as “inqui-occupation”, i.e. situations in which a tenant ceases to pay rent but continues to occupy the property for extended periods, taking advantage of the duration of eviction proceedings or certain suspension measures.
Eviction in Spain therefore constitutes a major legal issue in the current context.
For legal assistance in eviction matters in Spain, please contact our legal team.
