The eviction process for unpaid rent is the judicial process that allows the landlord to regain control of their property if the tenant defaults on rent payments. Now, who can initiate an eviction process for unpaid rent? What is required? We explore all in this article.
Who can initiate an eviction process?
The person who may initiate an eviction process for unpaid rent is the lessor, i.e., the person who assigns the use and enjoyment of a property to another in exchange for an amount, form and term of rent previously agreed upon in the rental agreement.
The lessor may be a natural or legal person and does not have to be the property owner. If the landlord is not the owner but appears as such in the rental agreement, it is presumed that they have the owner's consent to assign the use and enjoyment of the property to the tenant. In addition, a power of attorney may be granted to third parties to act on behalf of the landlord to initiate the eviction process for unpaid rent.
Therefore, if a defaulting tenant stops paying rent, the landlord or power of attorney can initiate an eviction process and legal proceedings to remove the tenant from the property.
How can I claim unpaid rent?
To do so, an eviction process must be initiated before a court of first instance in the town/city where the property is located, signed by a lawyer and a solicitor. In the lawsuit, the tenant's details, the rental agreement details and the unpaid rent must be stated. In addition to eviction, you can request that the judge order the tenant to pay the unpaid rent and the legal expenses.
The tenant can oppose the eviction process. To do so, they must respond to the lawsuit before the court within ten business days of being notified. In their opposition statement, the tenant may deny the facts described by the landlord or allege circumstances that may prevent the eviction, such as being in a vulnerable situation.
If the judge upholds the eviction process, they will issue a sentence ordering the tenant to vacate the property within a set time limit, known as the "lanzamiento" (launching). The attorney, a locksmith and court members will attend this act.
Moreover, in some cases, the tenant may be able to pay the debt within ten days of being notified of the eviction. If they do, they will be able to continue to live in the rented apartment. This is known as an "enervation of an eviction" and is not always possible.
When can I claim for unpaid rent?
Many landlords wonder how many months of unpaid rent are required to evict a tenant. Just one missed month's rent payment is enough to claim against a tenant who has already become a defaulter with this shortfall in their obligation to pay.
Andalusia to create police force to inspect illegal tourist flats
The President of the Andalusian Regional Government, Juanma Moreno, has announced the creation of the "Titan Group," a unit within the national police dedicated to monitoring and inspecting illegal tourist accommodation.
Could holiday rentals disappear in Spain?
Barcelona Mayor Jaume Collboni has announced that the city will withdraw all 10,101 tourist accommodation licences by November 2028. The aim, according to the city council, is to free up homes for residential use and improve access to housing. However, the measure has sparked swift backlash from the sector, which sees it as a blow to a well-established economic model.
Country houses exempt from Spain's new tourist rental register
Rural houses already registered on regional tourism registries are exempt from the new Single Register of Short-Term Rentals starting 1 July. This was confirmed by the Spanish Rural Tourism Association (Asetur) after meetings with the Ministry of Housing and Urban Agenda.
Spain’s new short-term rental registry explained
Spain has introduced a new short-term rental registry to regulate tourist accommodations. Property owners must now register rentals with regional authorities, ensuring compliance with safety and zoning rules. The move aims to improve oversight, combat illegal listings, and protect long-term housing availability for residents.
How does the CPI affect rent updates in Spain in 2025?
Article 18 of the Spanish Urban Leases Act (LAU) outlines, among other provisions, the procedure for updating a property's rent. Although the LAU states that, in the absence of a specified index, the Competitiveness Guarantee Index (IGC in Spanish) will apply, the most commonly used benchmark for rent adjustments is the Consumer Price Index (CPI).
Renting a room in Madrid: costs and insider tips
Opting for a room in a shared apartment goes miles beyond saving money by splitting rent and bills. With the rising rental prices in Madrid, coliving is part housing solution, part social adventure—an experience as unpredictable as the city itself. You’ll cross paths with people you might never otherwise meet—future best mates, language partners, or even just expert locals who know the best menú del día spots.
