In this blog of Mercury Lawyers in Marbella we are going to analyse the judicial eviction procedure when the tenant of a property stops paying the rent or amounts assimilated to the lessor or simply at the end of the term and the tenant does not voluntarily abandon the property.

In these cases, the landlord/landlady will be forced to go to court and try with the help of the judicial authorities to regain possession of the property.

The judicial eviction procedure is regulated in the Spanish Law 2/2000, of January 7, on Civil Procedure

Before starting the judicial process, it is advisable to send a “Burofax” to the tenant, reliably claiming the rents or similar amounts that are owed. In this way, once 30 days have elapsed since its receipt, the lessee cannot cancel the eviction action.

The enervation in the eviction trial is the payment of the debts owed to the landlord/landlady so that the eviction action is not consummated. In this way, the tenant could continue to enjoy the property. It should be taken into account that the enervation action can only be carried out once.