Eviction: What it is, Types, and How much it costs (Guide 2026)

The eviction is a legal term used to describe the judicial procedure in which an occupant is expelled from a property for various reasons. This procedure is known for its complexity and for the legal implications it creates for both the owner and the occupant. 

What is housing eviction?

The eviction is the legal procedure initiated to regain possession of a property. Primarily in cases where the occupant fails to fulfill their contractual obligations. 

This method can be requested by an owner seeking to recover their rental property for various reasons, such as non-payment of rent, illegal occupation, or termination of the rental agreement. 

Causes

There are various causes that can lead to the need to initiate eviction. Below, we detail the main reasons that justify the request:

• Non-payment of rent: The most frequent cause for requesting the eviction is the failure to pay rent. If an occupant does not pay the rent agreed upon in the agreement, the owner can initiate a procedure of this kind. 
• Illegal occupation: Another frequent reason is the illegal use of a property. This occurs when an individual enters a dwelling without the owner's permission and occupies the premises. 
• Breach of agreement: This occurs when the occupant does not comply with the conditions stated in the rental agreement, such as making unauthorized alterations to the property or subletting it without permission. 

Types of Eviction

The eviction is not a single procedure; rather, there are different types depending on the reason behind it. Below, we describe the most relevant types of eviction that occur in Spain:

• For Non-Payment of Rent: This is, without a doubt, the most common type of eviction. In this scenario, the owner requests the property be recovered because the occupant has failed to pay the agreed-upon rent amount. To proceed, the owner must prove to the court that the occupant has breached their payment obligation.
• For Illegal Occupancy: This occurs when someone occupies a dwelling or property without a formal contract with the owner. In such cases, the owner can initiate the process without needing to justify non-payment of rent, as no contractual agreement exists. Learn what happens if there is a tenancy without a contract and how to proceed.‍
• For Contract Termination: This occurs when the lease agreement comes to an end, and the occupant refuses to vacate the premises. Sometimes, the owner and occupant may disagree on the terms of renewing the agreement, leading to the need to initiate the process.

What Happens When an Eviction Occurs?

When such a process is initiated, a series of consequences unfold for both the owner and the occupant. This can generate legal and emotional tensions. Below, the key aspects are detailed.

• For the Owner: The owner has the right to regain possession of their property, which will allow them to use it according to their needs or interests. However, the owner must follow the proper procedure to avoid legal complications and ensure the eviction is carried out according to regulations.
• For the occupant: The occupant, for their part, can be affected by the eviction by losing their home and facing the possibility of being registered on a defaulters' list. Depending on the cause of the eviction, the tenant might also be obliged to pay the outstanding amounts.

How does the legal process work?

The legal process of eviction involves several steps and must be carried out in accordance with current legislation. Below, we detail how the process unfolds in Spain.

• Prior notice: The first step is to issue a prior notice. This means the owner, or their lawyer, must deliver an official notification to the occupant informing them of the situation. In case of non-payment, the owner can demand immediate payment of the outstanding amount before initiating the procedure.
• Lawsuit: If the prior notice is ineffective, the next step is to file a lawsuit with the appropriate court. This must be accompanied by documentation proving the existence of the rental agreement and the reason justifying the eviction.
• Preliminary hearing: Once the lawsuit has been filed, the judge will schedule a hearing where the arguments presented by both parties will be heard. 
• Eviction: If the ruling is in favor of the owner, an eviction order will be issued. The occupant will then have a set period to vacate the premises voluntarily. If they fail to do so, forced eviction will proceed, with the involvement of authorities.

What is the cost of an eviction?

The cost of an eviction varies depending on several factors, such as the type of eviction, the time the process takes, and the fees for lawyers and solicitors. Generally, the most common expenses include:

• Legal fees: If you decide to hire a lawyer to manage the eviction, you will have to pay their fees. These can vary depending on the severity of the case and the professional's expertise.
• Court costs: In some cases, court fees must be paid to file the lawsuit or participate in the proceedings.
• Enforcement costs: If the procedure involves a forced eviction, there may be additional costs related to the intervention of law enforcement officers.

The total cost of this process can range from 1,000 to 3,000 euros, depending on the factors mentioned.

How long does an eviction take?

The time required for this type of procedure can vary considerably depending on the court's workload and the complexity of the case. Generally, non-payment of rent can take between 4 and 6 months. If it involves an illegal occupation or a more complex dispute, the process could be prolonged even further.

Are there alternatives to eviction?

Yes, there are alternatives to eviction that can help avoid legal proceedings and their consequences. Some of these alternatives include:

• Agreement renegotiation: In certain cases, the owner and occupant can reach an agreement to renegotiate the terms of the agreement or establish a payment plan that allows the tenant to remain in the property.‍
• Mediation: Mediation is another alternative that can help resolve the conflict amicably and without the need to go to court.

Tenant Rights During an Eviction

Occupants have a number of rights during this process. Some of these include:

• Right to Legal Defense: The occupant has the right to defend themselves in court and present evidence.
• Right to Housing: The occupant cannot be evicted without a legal order.

Landlord Rights During Eviction

For their part, the owner has the right to have their property returned through this procedure, but must comply with the relevant legal regulations. They can also claim payment of the amount owed, if applicable.

What's Happening with Evictions in 2024?

In 2024, eviction remains a common process, although there are certain measures focused on protecting vulnerable occupants. The Spanish government has implemented policies to regulate evictions of families at risk of social exclusion, seeking a balanced solution that protects all parties.

What to Do in a Housing Eviction? Tips

If you are facing this type of procedure, whether as an owner or occupant, it is essential to know your rights and the steps to take. Here are some practical tips:

• Seek legal support: If you are an owner, consult with an experienced lawyer in evictions to ensure the procedure is carried out according to the law. If you are an occupant, a lawyer could help you negotiate the eviction.
• Try to reach an agreement: Whenever possible, try to reach an amicable agreement with the other party to avoid legal proceedings.
• Don't delay the process: If you are an owner, don't let non-payment drag on for too long. If you are an occupant, seek solutions before eviction becomes a reality.

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Conclusion

The eviction is characterized as a complex process, but necessary in certain cases. Knowing the causes, types, and procedure could help in making informed decisions and avoiding complications. Whatever your situation, it is essential to have proper advice and explore alternatives that can resolve the conflict.