Experts in Evictions Procedures and Rental Claims

A landlord can initiate an eviction procedure in Spain in several scenarios: when the tenant fails to pay the rent or supplies owed under the rental contract, when the tenant refuses to leave the property after the lease term has ended, or when there has been a serious breach of the rental agreement (subletting without authorisation, illegal use of the property, etc.). Before filing the claim, the lawyer reviews the contract, the documentary evidence and any prior communication with the tenant to determine the most effective procedural route and avoid delays.

The total duration of an eviction in Spain typically ranges from 4 to 12 months, depending on the court’s workload, the tenant’s response (opposition or no opposition), the type of property, and whether any procedural incidents arise. In Marbella and the Málaga province, evictions for non-payment of rent under the juicio verbal de desahucio procedure can be processed faster when the tenant does not contest the claim. A well-drafted rental contract and complete documentation from the outset significantly reduces this timeline.

Yes. Spanish law allows landlords to combine the eviction claim and the unpaid rent claim in a single judicial procedure (desahucio con reclamación de rentas), which is procedurally efficient and avoids having to open two separate cases. The court can simultaneously order the recovery of possession of the property and the payment of the outstanding rent, supplies and applicable interest. This is the most common strategy for landlords facing tenants in arrears.

Illegal occupation by squatters (okupación) requires a different legal procedure from a standard eviction, since there is no rental contract in place. Depending on whether the property is a primary residence, the timing of the occupation and the circumstances, the owner may pursue a criminal complaint (for trespass or usurpation) or a civil action for the recovery of possession. Acting quickly is essential — the sooner the legal procedure is filed, the higher the chances of a fast recovery of the property.

A significant portion of eviction conflicts could be avoided — or resolved much faster — with a properly drafted rental contract. Clear clauses on rent payment, guarantees, deposit, contractual term, allowed uses of the property, supplies and breach conditions make any future legal action much more straightforward. We strongly recommend that landlords in Marbella obtain preventative legal advice before signing any rental contract, as a small upfront investment can save months of litigation later.

Yes. Non-resident landlords who own property in Marbella, Puerto Banús or the Costa del Sol can manage the entire eviction and rental claim process remotely, granting a Power of Attorney to their lawyer to act on their behalf. We handle communications with the tenant, judicial filings, court appearances, coordination with the court bailiff for the recovery of possession and the subsequent claim for unpaid rent and damages — without requiring the landlord’s physical presence in Spain at any stage.