Legal reason
Non-payment of rent is cause for terminating the contract according to the Urban Leases Law (LAU), article 27.
The landlord can claim both eviction and payment of outstanding rent in the same lawsuit.
Recommended out-of-court process
It is common to send a burofax to request payment before going to trial.
From 2025 it may be mandatory to try to resolve the conflict through ADR (Adequate Means of Dispute Resolution) before filing the lawsuit.
Lawsuit
It is presented before a Court of First Instance.
The procedure for eviction for non-payment is usually processed by means of an oral trial (arts. 437 et seq. of the Civil Procedure Act).
Once the lawsuit is admitted, the tenant has 10 days to pay the debt, leave the home or file an opposition.
"Enervation" of eviction
The tenant can stop the eviction if he pays the entire debt in those 10 days ("enervate the action").
If he succeeds, he could continue with the lease.
Execution of the eviction ("eviction")
If you do not pay or object, the judge issues an eviction order and a date is set for the eviction (physical eviction).
The eviction implies that the keys are returned to the owner and possession of the property is recovered.
During the launch, security forces and locksmiths can intervene if necessary.
Process deadlines
In 2025, eviction due to non-payment lasts on average between 6 and 12 months, depending on the court and the tenant's situation.
In some cases (if there is opposition or delays) it can take longer.
Suspension due to vulnerability
There is the possibility of suspension of the eviction if the tenant is in a vulnerable situation and has no housing alternative.
This measure protects people at risk of social exclusion.