To rent a house safely, you must pay special attention to two issues: the tenant and the rental contact. Screening the candidate and a well-drafted contract are a good safeguard against future problems.
But what happens when you don't take the right precautions? What should you do when faced with a defaulting tenant without a contract? This article answers all these questions.
Tenant without a rental contract
First of all, renting without a rental contract – i.e. just by verbal agreement – is a huge risk, as all the guarantees are pending on what was said at a certain time and the parties' interests and even their memory of what was agreed upon can change over time.
According to the Urban Lease Law (LAU), if there is no written rental contract, the tenancy is valid for one year. Thereafter, the tenant is entitled to annual extensions of up to five years, provided that they entered the flat after 6 June 2013.
What happens if a tenant without a contract does not pay?
In reality, there is always a rental contract, because even if it is not in writing, it has been formalised by verbal agreement. If the tenant does not pay the rent, they can be evicted.
The main problem in these cases is to prove that the contract exists in a judicial process. The most common evidence is proof that rent was paid via the bank. If the payments were in cash, other evidence would be needed, for example, emails, bills of any kind, such as utility bills, or messages.
If the tenancy relationship cannot be proven in any way, the landlord will have to file a lawsuit for eviction on the grounds of tenancy at will, without the right to demand payment of the outstanding rent.
Can I evict a tenant without a contract?
Yes, you can evict a tenant without a contract. The procedure is the same as for evicting a tenant with a written rental contract (unless you cannot prove that there is a rental contract, in which case you would have to resort to eviction on the grounds of tenancy at will). This is how you can evict a tenant without a contract:
- Notify the tenant: Inform the tenant without a contract, preferably by registered fax to ensure they receive the notice, that they must vacate the property, the reason why they must leave, and how long they have (in days).
- Through the courts: If the notice does not take effect, you will have to file a lawsuit. In this lawsuit, you should submit all the necessary evidence to justify why the eviction is being carried out.
- Notification and eviction date: Finally, you will receive a notification that will set the eviction date and you will regain possession of your property.
How can I evict a tenant without a rental contract?
If the tenant stops paying the rent, i.e. becomes a defaulter, appropriate action must be taken. The first thing to do is to try to resolve the situation by talking to the tenant. If this does not work, you will have to take legal action:
- Give the tenant 30 days' notice to leave the house and the deadline for doing so. If there are compelling reasons, such as disturbing the neighbours or causing damage to the property, seven days' notice will suffice. The notice must be sent by registered fax to leave a reliable record.
- If notification does not resolve the situation, you will have to seek legal aid and file a lawsuit. To do this, you will need a general power of attorney, a copy of the request for collection of the unpaid rent, proof of non-payment and a copy of the deeds of the rented house.
- Gather as much evidence as possible to prove that there is a rental relationship between landlord and tenant: invoices, messages, emails, witnesses, etc.
- The following month, the tenant will receive an official notification of the lawsuit and the summons for the trial with the date and time in case they continue to stay in the flat. Moreover, an eviction date will be set, which is when the landlord will get their property back.
How long does it take to evict a tenant without a contract?
Eviction for non-payment of rent in Spain takes at least six months. However, this process can often take longer. The average time to complete an eviction is approximately seven to eight months, although in many cases it can be over 12 months. For evictions of defaulting tenants without a contract, this period can be longer depending if there is proof of rent.
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