SUMMARY OF THE ARTICLE
What are possession proceedings and how do they differ from eviction in Spain?.
Possession proceedings refer to the court process by which a property owner seeks to recover possession of a property from a person who occupies it without a legal right to remain there, whether due to non-payment of rent, termination of the lease, or the absence of any valid legal title.
Eviction is not a separate procedure, but a stage within the possession proceedings. It involves the physical enforcement of the court decision, namely the effective removal of the occupant once a final ruling has been issued in favour of the owner.
Types of possession proceedings under Spanish law.
Spanish law does not provide for a single type of possession proceedings. Different procedures apply depending on the situation: possession proceedings for non-payment of rent or expiry of the lease, proceedings against occupants without title, and, where the occupation is very recent, the summary procedure for the protection of possession. Each type has its own procedural requirements and deadlines.
Occupant vulnerability and suspension of evictions.
Since the COVID-19 pandemic, possession proceedings and evictions had been suspended in Spain when the occupant proved a situation of vulnerability. However, Royal Decree-Law 16/2025, which sought to extend this suspension, was not validated. As a result, possession proceedings and evictions may currently be resumed, without prejudice to possible future extensions being approved.
In recent years, possession proceedings have unfortunately become a highly topical issue.
Much is written and spoken about them, but often without the rigour that the subject requires. This generates misconceptions and confusion. In this week’s article, we analyse the basic aspects of these judicial procedures. We address a commonly misunderstood point: the difference between possession proceedings and eviction. And we also tackle the consequences of the lack of ratification of Royal Decree-Law 16/2025 and the occupant’s vulnerability.
Types of possession proceedings in Spain.
There is no single possession procedure. The law provides different processes depending on the occupant’s situation. On one hand, there are possession proceedings for non-payment of rent or expiration of the lease agreement (when a rental contract exists).
On the other hand, there are possession proceedings where the occupant has no legal title.
In cases where the occupation without title is very recent, the law establishes a specific procedure called “summary protection of tenure or possession.”
Each type of possession proceeding has its own characteristics, requirements, and deadlines. It is therefore essential to have an expert lawyer to ensure the procedure is carried out correctly.
Possession proceedings and eviction procedure in Spain
In Spain, the terms “possession proceedings” (desahucio) and “eviction” (lanzamiento) are often confused in everyday language. However, they refer to different stages of the same process:
.- Possession proceedings refer to the judicial process through which the property owner requests the court to recover possession of a property.
.- Eviction is the physical execution of that process.
It is the action of actually removing the occupant once the court order is final in favour of the property owner.
At White-Baos Lawyers, we specialize in possession proceedings, and we have helped countless property owners terminate rental contracts due to non-payment and recover their properties.
What happens with vulnerable occupants? Lack of ratification of Royal Decree-Law 16/2025.
Since the COVID-19 crisis, Spain has applied a suspension of possession proceedings and evictions, that has been extended year after year. This suspension covered possession proceedings and also the evictions. To be able to apply for this suspension, the occupant had to prove special economic or social vulnerability. However, the last attempt to extend this suspension has been unsuccessful. Royal Decree-Law 16/2025, which included a new extension until December 31, 2026, has ultimately not been ratified. The suspension is therefore no longer in force. For the time being, the reactivation of the eviction proceedings and enforcement measures that had previously been suspended is expected. In any event, it is worth bearing in mind that the Government could approve a new Royal Decree-Law at any time, which would take effect from its publication, without prejudice to its subsequent parliamentary ratification.
Conclusion.
At White & Baos Lawyers, we are experts in possession proceedings and evictions.
If you have a tenant who does not pay rent or refuses to leave the property after the contract ends, do not hesitate to contact us. We will review your case and provide expert legal advice to recover your property.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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