Eviction in Spain in 2026: the new law, your deadlines and your rights as a tenant

What changed in 2025–2026 — and what did not

Search for “Spain’s new eviction law” and you will find four different things mixed together. Only some of them concern a tenant with a contract — here is which.

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• The “express eviction” law is about squatters, not tenants. Ley Orgánica 1/2025, in force since 3 April 2025, sends break-ins (allanamiento de morada, art. 202 of the Criminal Code) and unlawful occupation (usurpación, art. 245) to the criminal fast-track trial (juicio rápido, art. 795.1.2.ª i) and j) of the Criminal Procedure Act). It targets people who occupy a home with no title at all. It does not apply to evicting a tenant for unpaid rent or at the end of the lease — that is still a civil case, described below. For civil cases the same law added a different step: before suing, the landlord must generally attempt an out-of-court settlement (MASC).
• The eviction moratorium has ended. The extraordinary suspension of evictions for vulnerable households (Real Decreto-ley 11/2020, art. 1) ended on 31 December 2025, and Congress repealed both attempts to extend it into 2026 (on 27 January and 26 February 2026). What remains is the ordinary suspension through social services — up to 2 months, or 4 if the landlord is a company (art. 441.5 LEC), explained below.
• Three 2026 decrees are not in force. Real Decreto-ley 8/2026 (lease extensions and a 2% cap on annual rent updates — binding for large landlords, the default for everyone else absent a new agreement) applied from 22 March to 30 April 2026, when Congress repealed it. Real Decretos-ley 26/2026 and 27/2026 (a suspension of some evictions until 2030, compulsory lease extensions and compensation of 12 months’ rent for refusing an extension) were in force on 1–2 October 2026 and were repealed by Congress on 2 October 2026. If you read about these “new rules” at the end of September 2026, they no longer apply.
• What does apply to a tenant today. Under the housing law (Ley 12/2023), the claim must state whether the landlord is a large landlord (gran tenedor) and whether the household is vulnerable; when both are true, conciliation or intermediation before going to court is mandatory. Under the LEC you have 10 working days from the court’s requerimiento to pay, oppose or leave in an eviction for arrears (in other evictions, to answer the claim), and a social-services report can suspend the case for up to 2 months (4 if the landlord is a company, art. 441.5 LEC).

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.

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. 438.5–6 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.
• The rules on residential leases apply regardless of the tenant’s nationality.

Tenant rights

• Enervación in a rent-arrears eviction: 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

• In an eviction for rent arrears (desahucio por falta de pago), the court requerimiento served with the demanda gives you 10 days to pay (enervar), oppose (oponerse) or vacate (art. 438.5 LEC). In an eviction for expiry of the lease or precario there is no pay-or-enervar step: you have the ordinary 10 days of the juicio verbal to answer the claim in writing (art. 438.1 LEC), and the exact deadline is on the court notice.
• The exact deadline and the lanzamiento date are on the court notice — that is your main reference. In an eviction for arrears, if you do nothing within those 10 days the lanzamiento is carried out with no further notification; in the other cases, if you do not answer in time the case continues without you (rebeldía, art. 496 LEC).
• Before the lawsuit, you will usually receive a demand letter or burofax: since April 2025, LO 1/2025 generally requires an attempt at out-of-court settlement (MASC) before bringing a civil claim, so use this stage 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.
• For rent arrears, decide whether to enervar (pay the full debt), oppose (oponerse) or agree to leave; for lease expiry or precario, answer the claim in writing 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.

A real case: the same person became a tenant and an occupier

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 deadline in the court notice: 10 days to pay or oppose in an eviction for arrears, the deadline to answer the claim in the other cases.
• Not requesting justicia gratuita when you lack the means.
• Not contacting social services for a vulnerability suspension.
• Paying without a justificante or other proof — every payment should be documented.

Opposition and suspension

• Possible grounds for oposición include payment and, where legally relevant, defects in the claim or an incorrect calculation of the debt.
• In a rent-arrears eviction, 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”) ended on 31 December 2025 and Congress repealed its 2026 extensions — it is no longer in force, so 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