Leases: evictions and recovery of unpaid rent

Letting a home can be a good source of income, but it also raises questions: how to draft the agreement, what to do if the tenant stops paying, or how to recover the property at the end of the tenancy. In this guide we go through the stages of a tenancy in which a specialist lawyer can help you as a landlord.

The agreement is the foundation of the whole relationship with the tenant. A clear agreement on the rent and how it is updated, expenses, the deposit, any additional guarantees and the condition of the property avoids many later disputes.

• Correct identification of the parties and the property.
• Rent, method of payment and updates.
• Allocation of expenses and utilities.
• Deposit and additional guarantees.
• Inventory and condition of the property.
• Term, extensions and grounds for termination.

The Urban Leases Act sets a minimum term of five years (seven if the landlord is a legal entity), a statutory deposit of one month's rent for homes, which in Catalonia is lodged with Incasòl, and limits on additional guarantees; in areas under housing pressure, on rent too.

Document the arrears

The first thing is to be clear about what is owed and since when: unpaid receipts, bank statements and correspondence with the tenant. This information will be needed both to negotiate and to bring a claim.

Send a formal demand

A formal demand records the debt and gives the tenant the opportunity to catch up. A formal demand served at least 30 days in advance prevents the tenant from later halting the eviction by paying at the last minute.

Look for a negotiated solution

In some cases, agreeing on the return of the property and a payment plan is faster and less costly than court proceedings. We help you assess whether this applies to you and document the agreement.

If no agreement is reached, the landlord can go to court to recover the property and claim the rent owed. It is a verbal proceeding: the tenant has 10 days to pay, vacate or object, and the total duration depends on the court and on whether vulnerability is involved. We prepare the claim, represent you throughout the proceedings and keep you informed at each stage.

As well as recovering the property, the landlord can claim unpaid rent and other sums owed, such as utilities or damage. Both claims can be dealt with in the same proceedings.

The return of the deposit and the condition in which the property is handed back are a frequent source of disagreement. An initial inventory and a documented check on departure make it easier to resolve.

If you later decide to sell the let property, it is worth understanding how the sale is taxed. See our services on income tax on property sales and municipal capital gains tax.