The judicial eviction procedure

In this blog of Mercury Lawyers in Marbella we are going to analyse the judicial eviction procedure when the tenant of a property stops paying the rent or amounts assimilated to the lessor or simply at the end of the term and the tenant does not voluntarily abandon the property.

In these cases, the landlord/landlady will be forced to go to court and try with the help of the judicial authorities to regain possession of the property.

The judicial eviction procedure is regulated in the Spanish Law 2/2000, of January 7, on Civil Procedure

Before starting the judicial process, it is advisable to send a “Burofax” to the tenant, reliably claiming the rents or similar amounts that are owed. In this way, once 30 days have elapsed since its receipt, the lessee cannot cancel the eviction action.

The enervation in the eviction trial is the payment of the debts owed to the landlord/landlady so that the eviction action is not consummated. In this way, the tenant could continue to enjoy the property. It should be taken into account that the enervation action can only be carried out once.

After the 30 days mentioned above have elapsed and the tenant has ignored the claim contained in the Burofax, the filing of the lawsuit may continue. This will be processed through the channels of the hearing trial, that is, once the lawsuit is admitted, the lessee will be notified of the decree of admission and transfer of the demand. Two dates will be indicated in the decree, one is the term of 10 working days to oppose the eviction and the other is the date on which the release will take place, if not opposed.

What is release?

The release is the day and time that the forced eviction will take place. And if necessary, the Spanish police authorities could attend this.

However, if the defendant objects in a timely manner, the court will summon the parties to a hearing. And once the hearing is held, a judge will decide whether the lawsuit is upheld, partially upheld or dismissed.


Do not hesitate to contact our Law Firm in Marbella if you have any questions about the judicial eviction procedure. Also to advise you on any civil and procedural matter. Our expert lawyers in civil and procedural law would be delighted to assist you.


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