Specialist eviction lawyers in Girona

We offer comprehensive and personalized attention.

An eviction is a legal procedure that seeks the recovery of a property by the owner, either due to unpaid rent or other reasons provided by law. Below are the main types of evictions and their characteristics:

1. Eviction for Non-Payment of Rent

This is the most common type, occurring when the tenant fails to pay the rent agreed upon in the contract.

Characteristics:

• Based on Article 27 of the Urban Lease Law (LAU).
• The owner can request both the payment of overdue rent and the eviction of the property.
• The tenant may be given the opportunity to regularize the debt before the eviction (in some cases, according to the regulations).

2. Eviction due to contract expiration

This procedure takes place when the lease expires and the tenant does not vacate the property.

Characteristics:

• The tenant is obligated to return the property to the owner once the contract term has ended.
• In case of resistance, the owner can initiate the judicial eviction procedure for illegal occupancy.
• It is crucial for the contract to be clear and for the owner to fulfill the prior notice requirement.

3. Eviction for illegal occupation

This eviction type refers to the expulsion of individuals who have occupied a property without any legal rights (squatters).

Characteristics:

• Governed by the summary procedure established in the Civil Procedure Law.
• The aim is to recover legitimate possession of the property as quickly as possible.
• The owner must prove that the occupation is illegal and that there is no contractual relationship with the occupiers.

4. Eviction for breach of contract

This occurs when the tenant breaches the conditions established in the lease contract (misuse, unauthorized subletting, illegal activities, etc.).

Characteristics:

• Based on the principle of contractual breach.
• May include cases such as unauthorized subletting, use for unreported activities, or significant damage to the property.
• The owner can request eviction and compensation for the damages caused.

5. Express eviction

This is a fast-track procedure that allows property owners to recover the property quickly.

Characteristics:

• Established by the 2018 reform of the Civil Procedure Law.
• Suitable for cases of repeated non-payment or illegal occupation.
• Simplifies the process to achieve a judicial resolution in a short time.

6. Eviction for owner’s need

This occurs when the owner needs the property for their own use or that of a close family member, as long as the need is justified.

Characteristics:

• Governed by Article 9 of the LAU.
• The owner must prove the real need and comply with the prior notification requirements.
• Applicable only in certain situations and under specific conditions.

7. Eviction due to unsanitary conditions or hazard

This type of eviction applies when the property presents dangerous or unhealthy conditions that require evacuation.

Characteristics:

• Can be requested by the owner or the public administration.
• Based on technical criteria, such as inspection reports certifying the risk to residents.
• May require the rehabilitation or demolition of the property.

8. Eviction of commercial premises

Similar to eviction for non-payment or breach of contract, but applicable to properties used for commercial or industrial purposes.

Characteristics:

• Also regulated by the LAU, but with specific considerations depending on the type of activity.
• May include claims for damages due to loss of income for the owner.
• Each type of eviction has its own characteristics and requires adherence to specific legal procedures. Having specialized lawyers is crucial to ensure your rights are respected and to handle each case swiftly and effectively.

Types of eviction procedures

Eviction procedures vary depending on the cause and the type of property occupation. The current legislation, primarily the Civil Procedure Law (LEC), regulates the steps to follow to recover possession of the property. Below are the main types of procedures:

1. Eviction procedure for Non-Payment of rent

This is the most common procedure, initiated when the tenant fails to pay the rent established in the lease contract.

Procedure characteristics:

• Payment requirement: The owner sends a formal notice or written notification to claim the debt before initiating judicial action.
• Judicial claim: If the tenant does not regularize the situation, a claim is filed in the competent court.
• Tenant’s opposition: The tenant can oppose by providing proof of payment or challenging the contract.
• Eviction: If the court rules in favor of the owner, a date is set for the eviction of the property.

2. Eviction procedure for illegal occupation

This procedure is used to evict individuals who occupy a property without any contractual relationship or legal right to reside there.

Procedure characteristics:

• The owner files a claim proving ownership of the property.
• It is a summary and priority procedure, aimed at ensuring a rapid response.
• If the occupiers do not provide proof of legitimate rights, the court can order eviction immediately.
• In sensitive cases, such as occupations involving minors or vulnerable individuals, complementary social measures may be applied.

3. Express eviction procedure

This is a simplified procedure that allows the property to be recovered more quickly in cases of non-payment or illegal occupation.

Procedure characteristics:

• Governed by the 2018 reform of the Civil Procedure Law.
• The owner can file a claim without identifying the occupiers in cases of illegal occupation.
• Opposition periods are shorter, and if there is no opposition, the court directly sets the eviction date.

4. Eviction procedure due to contract expiration

This is used when the lease contract has expired and the tenant does not voluntarily vacate the property.

Procedure characteristics:

• The owner must prove that the contract has ended (expiration date or notice in accordance with the LAU).
• The court may order immediate eviction if there is no opposition from the tenant.
• The tenant may argue a tacit renewal or other contractual clauses if they exist.

5. Eviction procedure for breach of contract

This procedure is initiated when the tenant breaches a condition agreed upon in the contract, such as:

• Unauthorized subletting.
• Serious damage to the property.
• Illegal use of the property.

Procedure characteristics:

• The owner must prove the contractual breach.
• May include, in addition to eviction, a claim for damages.
• It is necessary to review the clauses of the contract to ensure that the breach is covered.

6. Eviction procedure for commercial premises

Applies to leases for commercial properties, with specific details regarding the tenant’s business activity.

Procedure characteristics:

• Non-payment or breach of other contractual conditions are sufficient grounds to initiate the process.
• The owner may claim additional compensation for lost profits during the non-payment period.
• The business activity does not prevent eviction if there is proof of the breach.

7. Eviction procedure for owner’s need

Used when the owner needs the property for their own use or that of a close family member, in accordance with Article 9 of the LAU.

Procedure characteristics:

• The owner must justify their need (e.g., for primary residence, divorce, etc.).
• It is necessary to notify the tenant at least two months in advance.
• If the need does not materialize within three months, the tenant may claim compensation.

 

We are specialized lawyers in evictions for property owners and tenants:

Comprehensive legal defense

Whether you are an owner needing to recover your property or a tenant wanting to defend your rights, our team of lawyers offers personalized and effective legal advice. We handle every step of the process, whether to claim eviction, recover unpaid rent, or avoid legal abuses.

With extensive experience in real estate and lease law, we work with commitment to protect your interests and ensure a swift and fair solution.

Why choose us? Lawyers who make a difference

At such a sensitive moment as an eviction, you need a legal team that combines experience, empathy, and efficiency. This is what sets us apart:

• Proven experience: We have successfully handled numerous eviction cases for both property owners and tenants, offering customized solutions.
• Full commitment: We are fully involved in each case, firmly and dedicatedly defending your rights.
• Quick and effective results: We work swiftly to ensure the best outcome in the shortest possible time.
• Personalized attention: Every situation is unique, which is why we adapt our strategy to your specific needs.
• Updated legal knowledge: We are up-to-date with the latest legal reforms to provide you with the best legal defense.

Don’t leave your rights in anyone’s hands. Contact us today and let us help you!

Your peace of mind and legal security are our top priority.