Eviction (desahucio) in Spain: tenant rights and what to do

What eviction is

Desahucio is the court procedure to evict a tenant (or occupant) from a home. Evictions in Spain are always judicial for a tenant with a contract: the landlord cannot throw you out on their own.

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Most often it is por falta de pago (rent arrears); it can also be por expiración del plazo or por precario.

It starts with the landlord’s demanda to the court of the place where the property is (juzgado de primera instancia, art. 52.1.7.ª LEC) — an eviction claim over a Madrid flat goes to a Madrid court; the court sets the lanzamiento (the physical, judicial eviction) with an exact day and hour (art. 440 LEC).

It is governed by the LAU (Ley 29/1994), the LEC and Spain’s housing law Ley 12/2023, which strengthened protection for vulnerable tenants facing large landlords (grandes tenedores).

Who this applies to

• Tenants who received a demanda or a court notice of desahucio.
• Those who owe rent or whose contract has ended.
• Vulnerable households (income, children, dependants) — a suspension may be possible.
• Housing applies to all residents equally — nationality is irrelevant.

Tenant rights

• Enervación: pay the whole debt (+ costs) and stop the eviction — usually once, if there was no reliable payment demand at least 30 days before the lawsuit (art. 22.4 LEC).
• Oposición: file an opposition (payment, procedural defects) within the set period.
• Legal defence: an eviction case involves a lawyer and a procurador; on a low income they are free through justicia gratuita (Ley 1/1996).
• Suspension for the vulnerable: with a social-services report, the court may suspend the case for up to 2 months (4 if the claimant is a company) — art. 441.5 LEC.
• If the landlord is a gran tenedor and you are vulnerable, the claim requires prior conciliation or intermediation (Ley 12/2023).
• The right to know the exact lanzamiento date (day and hour) and to be properly notified.

Deadlines

• The eviction notice (the court requerimiento with the demanda) gives you 10 working days to pay (enervar), oppose (oponerse) or vacate (art. 440.3 LEC).
• The exact deadline and the lanzamiento date are on the court notice — that is your main reference. If you do nothing within those 10 days, the lanzamiento is carried out with no further notification.
• Before the lawsuit you will usually get a demand letter or burofax: since April 2025 (LO 1/2025) the landlord must show an attempt at an out-of-court settlement (MASC) — that letter is the doorstep of the court, use it to negotiate.
• Request justicia gratuita straight away: filing it may pause the deadlines, but do not delay.
• For a vulnerability suspension, contact social services as early as possible.

Documents

• The tenancy contract, receipts and proof of payments/transfers.
• The court notice (demanda, decreto) with the dates and the expediente number.
• Correspondence with the landlord (burofax, email, messages).
• Proof of vulnerability: income, empadronamiento, household, the servicios sociales report.

What to do

• Do not ignore it: find the deadline and the lanzamiento date on the notice.
• Request justicia gratuita (a court-appointed lawyer) at once if you cannot afford one.
• Decide the route: enervar (pay the debt), oponerse (oppose) or agree to leave.
• Contact servicios sociales for a vulnerability report to seek a possible suspension.
• Keep every justificante; do not miss any court dates.

Common mistakes

• Ignoring the demanda — the clock runs and the eviction proceeds without you.
• Assuming that not collecting the letter protects you: if they cannot find you at the dwelling or the contract address, service can be done by edict on the court notice board (art. 164 LEC) and the case moves on.
• Missing the ~10-day window to pay/oppose.
• Not requesting justicia gratuita when you lack the means.
• Not contacting social services for a vulnerability suspension.
• Paying “off the record” with no justificante — payment must be provable.

Opposition and suspension

• Oposición on grounds: payment was made, errors in the demanda, a wrong debt calculation.
• Enervación: clearing the whole debt stops the eviction (if the conditions are met).
• Vulnerability suspension: with a servicios sociales report, up to 2 months (4 if a company is suing) while a housing solution is sought (art. 441.5 LEC).
• Note: the extraordinary eviction moratorium (the 2020 “social shield”) lapsed in February 2026 and is no longer in force — do not count on an indefinite suspension.
• In disputes, keep every document and file on time — missing the deadline is critical.

Related guides

Key terms in this guide

Frequently asked questions

Official sources