Supreme Court Ruling, Evicting Tenants

TRIBUNAL_SUPREMO The Tribunal Supremo (Spanish Supreme Court) has agreed a change of the law for landlords with tenants who are behind with their rent. The new rule will bring some relief for landlords with tight cash flow where the monthly rent is helping to pay their mortgage payments. The decision was reported on the website Cinco Dias in June when it was first approved, but it still needs a final approval by the Senate.

The new speedy eviction process means that a landlord can issue a 15 day notice period to the tenants that are late in paying their rent, the notice is to either make the payment or leave the property. The 15 days notice is the minimum amount of time that the landlord can give to the tenants, he can, if he wishes allow them extra time.

If the tenants do not make the required payment in the notice period then the landlord can apply for an eviction notice and this new law states that this will be carried out within 15 days. Effectively tenants can now be evicted from a property for non payment within a month.

The other change in the law is if the landlord requires the property for their family, they are now allowed to ask for the property to be vacated for this reason with a three month notice period.

The change in the law was received favourably by property owners, they said it would entice them to consider renting their property for residential letting. There was some concern raised that the change in the law could increase the homelessness at a time where some families are in financial crisis.