New requirements for property owners
Starting April 2025, changes have come into effect in Spain regarding the eviction procedure for individuals who have unlawfully occupied a residence. Now, apartment and house owners facing such a situation are required to first attempt to resolve the issue amicably. Only after this can a lawsuit be filed in court.
Negotiation procedure and deadlines
According to the provisions of the updated legislation, the owner must provide documentary evidence that attempts were made to reach an agreement with the occupants of the property. In particular, efforts to establish contact and negotiate must be recorded. If within 30 days of sending the request a meeting does not take place or a written response is not received, the process is considered concluded without results, and legal proceedings may then begin.
If negotiations start but no agreement is reached within three months, the procedure is considered exhausted. These rules apply both to classic squatters and to tenants who have stopped paying rent and refuse to vacate the premises.
Details for different situations
If it concerns illegal occupation, the owner must confirm their rights to the property and personally attempt to resolve the issue with the occupier. In situations where the tenant fails to pay rent and refuses to vacate, the owner is required to provide the rental agreement and information about the outstanding debt. If the parties reach an agreement, they can prepare a document stating that the debt will be canceled upon vacating the apartment.
If the lease has expired and the former tenant does not move out, the owner follows a similar process: the debt may be forgiven on the condition that the premises are vacated.
Exceptions and Additional Conditions
For properties owned by government entities, the negotiation requirement does not apply. The law explicitly exempts such organizations from compulsory pre-trial settlement. This is due to the specific operations of public institutions and their role in the housing market.
Consequences for Legal Proceedings
If the owner cannot prove they attempted to reach an agreement with the occupier, the court will not consider the claim. However, the owner has five days to submit the necessary documents if they have already been prepared. The changes aim to reduce the number of lawsuits and speed up the process of vacating residential premises.
