This is a very common question among landlords, since it is particularly frustrating to deal with a tenant who does not pay rent. However, it is also difficult to go through legal proceedings and cover expenses that, even if they are eventually recovered, must be paid upfront.
Eviction Lawsuit for Nonpayment
Current Spanish law provides enhanced protection for the owner. Thanks to the most recent procedural reforms, there are now fast and effective civil procedures that allow landlords to seek not only the eviction of a tenant in arrears but also payment of the unpaid rent in the same lawsuit.
What to Do If Your Rent Isn't Paid
In the event of a missed rent payment, the landlord has two options: demand payment from the tenant in arrears o go directly to court to initiate eviction proceedings.
Option 1: Require payment through a verifiable method
If the landlord decides to demand payment before going to court, he or she must do so through a certified method (certified fax, notarized notice, etc.). If, after receiving this notice, the tenant fails to pay, they will lose the right to stay the eviction; in other words, they will not be able to prevent the eviction by paying the debt once legal proceedings have begun.
On the other hand, if the landlord does not issue a prior demand and files the lawsuit directly, the tenant may pay before the trial and thereby have the proceedings dismissed. The law allows this only once; therefore, if the tenant does so again, they will no longer be able to take advantage of this option.
Option 2: Go directly to court
When rent remains unpaid for an extended period or the tenant shows no willingness to pay, the best course of action is to file a lawsuit for eviction lawsuit for nonpayment. This procedure is quick, is conducted as an oral hearing, and allows the claimant to seek both eviction and back rent, including rent accrued up to the effective date of repossession of the property.
When It's Best to Issue a Demand Before Filing a Lawsuit
If the debt is small (for example, three or four monthly payments), it is advisable to demand payment before going to court. This preliminary step may resolve the problem without the need for legal action, since the tenant usually pays once they learn of the consequences of nonpayment.
This requirement has a twofold effect: it allows the landlord to recover the money more quickly and deters the tenant from falling behind on payments again, knowing that the next missed payment would result in immediate eviction with no way to avoid it.
In practice, many cases of nonpayment are due to temporary cash flow problems. However, if the landlord does not act quickly, the debt can grow to the point where it becomes unmanageable for the tenant. At that point, the tenant will choose to resist as long as possible, using legal proceedings to buy time and look for another place to live.
What to Do When Your Debt Is Already High
More than five or six missed monthly payments
If the debt is more than five or six months overdue, We shouldn't waste any more time. In this case, the most sensible course of action is to go to court immediately to prevent the amount from continuing to increase and to ensure that the property is recovered.
The Eviction proceedings for nonpayment It is a summary proceeding in which the landlord can seek both payment of the debt and the tenant’s eviction. Upon receiving the complaint, the court will set a date for the eviction if the tenant fails to pay or file an objection within the ten-day period provided by law.
Proceedings in an Eviction Case
The same court order sets a hearing, which will only take place if the tenant files a response. However, the law is clear: in eviction proceedings, the debtor may only argue that he or she has paid the rent. No other defenses are allowed, which significantly speeds up the process.
In practice, many tenants object simply to delay the eviction and stay in the property for another month or two. After the hearing, the judge will issue a ruling ordering the eviction and requiring the tenant to pay all rent due until the property is actually vacated.
Professional Advice
To avoid reaching this point, our advice is clear: In the event of nonpayment for even a single month, the tenant must be formally notified to make payment. This slows the increase in debt and prevents the landlord from being forced into a lengthy and costly legal process. If the tenant fails to respond, then it will be time to take the matter to court with all the necessary legal safeguards.
Although initiating legal proceedings is not always desirable, in many cases it is the only way to protect the owner’s rights and reclaim their home without further delay.
The Opinion of Carlos Baño Abogados
In Carlos Baño Law Firm We are well aware of homeowners' concerns regarding the rent defaults and the conflicts that lead to a eviction proceeding. Our experience shows that speed and proper handling of the process are key to minimizing financial losses and regaining possession of the property as quickly as possible.
We always recommend taking prompt action as early as the first month of nonpayment. A timely formal demand can prevent the need for legal action and compel the tenant to pay immediately. On the other hand, inaction or allowing the debt to accumulate only benefits the delinquent tenant, who gains time and makes it more difficult to reclaim the property.
If the debt is already significant, current legislation provides flexible and effective mechanisms. The eviction lawsuit for nonpayment allows you to seek both the tenant’s eviction and payment of outstanding rent in a single proceeding. Our firm, which specializes in Civil Law and Residential Leases, handles these types of cases throughout the province of Alicante, ensuring a strong defense of the property owner’s interests.
For more information, please visit us at the Carlos Baño Law Firm or meet at Google Maps.
