Not getting your rent paid? How to proceed

If you have not been paid the rent for a flat or premises, you should immediately go to your lawyer to start a legal procedure called “juicio de socio por falta de pago”. This lawsuit is quite simple; it begins with an order from the judge, whose decision already orders the tenant to pay within ten days. And if he does not pay, the day of the trial and the day of the eviction, i.e. the day on which the court goes to your home and, either voluntarily or by force, as the police assist it, removes your tenant from your home, is already indicated in the same decision.

The advice is that, as soon as the first month that your tenant does not pay you if it is not a tenant that you know or has a long relationship with you, immediately start eviction action, as these proceedings take four or five months.

The problem we have at the moment with evictions is that tenants if they are in an unfavourable economic situation, can apply for what is called vulnerability. This leads to the opening of an incident and the suspension of the procedure.

Currently, for people considered vulnerable, no eviction action can be brought against them, and no eviction can be carried out, as there is a government provision that prohibits it until 31 December of this year, 2024.