When can an eviction procedure be started?

Eviction consists of expelling the tenant from the property, and can be started against a debtor tenant if there is a delay of a month in paying the rent. The tenant has the option of rendering this action ineffective by catching up on the amount due and continuing to pay the rent normally.

Eviction is provided for in article 114, rule 1 of the Revised Text from 1964 for contracts agreed before January 1, 1995; and in article 27.2 LAU 29/1994 for subsequent contracts; with the procedure being found in in article 250.1.1 of the Civil Procedure Law.

In its Judgment of July 24, 2008, the Supreme Court established the doctrine that “the landlord is not obliged to accept the tenant being behind ordinarily in the payment of rent”. This implies that both a delay in paying the rent and not paying the rent are a cause for eviction.

Finally, it should be noted that after eviction you can still claim the amount owed, as well as additional expenses, e.g. taxes, fees, services and supplies, that the tenant agreed to pay in the contract.