{"id":1537,"date":"2023-02-15T06:37:41","date_gmt":"2023-02-15T05:37:41","guid":{"rendered":"https:\/\/abogados-solicitors-torrevieja.com\/?p=1537"},"modified":"2026-02-18T10:51:05","modified_gmt":"2026-02-18T09:51:05","slug":"how-to-evict-a-non-paying-tenant","status":"publish","type":"post","link":"https:\/\/abogados-solicitors-torrevieja.com\/en\/how-to-evict-a-non-paying-tenant\/","title":{"rendered":"How to evict a non-paying tenant?"},"content":{"rendered":"

How to evict a non-paying tenant?<\/h2>\n

Have you rented your house or apartment to a non-paying tenant? If so, you will want to terminate the lease as soon as possible to rent your property to a more responsible person. However, this is often not easy, as the procedure for evicting a non-paying tenant can be long and costly,<\/strong> and so you will need expert guidance such as Solicitor Torrevieja. <\/strong>In the next lines, we will explain briefly what to do.<\/p>\n

When can you evict a non-paying tenant?<\/strong><\/h2>\n

Theoretically, you could evict a non-paying tenant from the moment he stops paying you on the agreed days.<\/strong> Indeed, non-payment is one of the reasons for which eviction proceedings can be initiated, and a single monthly payment due can be a valid reason to terminate the lease (Civil Code, art. 1569, and Urban Lease Law, art. 27.2).<\/p>\n

However, you should not act hastily. It is necessary to comply with all legal requirements before proceeding with the eviction. <\/strong>In addition, you should keep in mind that suing a tenant who has not paid a single month’s rent may cost more than the value of the money owed. Therefore, it is best to seek help and advice, which experts as solicitor Torrevieja<\/span><\/strong><\/a> can provide.<\/p>\n

Procedure to evict a non-paying tenant<\/strong><\/h2>\n

If the arrears are already considerable, the first thing to do is to demand payment in writing<\/strong> before initiating eviction proceedings. Sometimes this is enough to solve the problem.<\/p>\n

But if you do not receive your money and you have finally decided to file an eviction lawsuit, you need to seek legal assistance of a lawyer and endorsement of a solicitor.<\/strong><\/p>\n

Once the lawsuit is admitted by the court, the tenant will be notified and will be given a date on which he or she must surrender the dwelling.<\/strong><\/p>\n

However, the tenant may decide to defend himself and hire his own lawyer.<\/strong> In that case, a verbal trial will be held,<\/strong> in which you still need legal counsel until the court sentences the eviction and the payment of the monthly payments due\u2014including interest for late payment.<\/p>\n

Only if despite the judgment of eviction, the tenant refuses to leave the apartment, you can have a locksmith force the door open. <\/strong>Remember you need to have the judgment in your favor.<\/p>\n

If the evicted tenant refuses to pay the unpaid rent, you will still need to rely on your lawyer to claim payment. In this case, you can file a lawsuit for seizure of goods or garnishment.<\/strong><\/p>\n

Things you should not do when evicting a delinquent tenant<\/strong><\/h2>\n
    \n
  • First and foremost, do not be hasty.<\/strong> There are cases of non-payment that are due to a short and often justifiable delay. This can be resolved amicably and without resorting to any legal proceedings.<\/li>\n
  • You should not force your way into the house or apartment<\/strong>, even if it is yours, to evict the delinquent tenant, nor change the lock without a final judgment of eviction. The law also protects the tenant\u2014inviolability of the dwelling is a right that prevails over that of private property.<\/li>\n
  • Nor can you make water, electricity or gas supply cut off <\/strong>while the tenant continues to occupy the property, or fail to meet your obligations as proprietor (e.g., repairing breakdowns).<\/li>\n
  • Never resort to physical or verbal violence.<\/strong> The delinquent tenant has the right to report the proprietor for threats and assault, because in this case, more than as a tenant, the law protects him or her as a citizen.<\/li>\n
  • Finally, remember that you cannot violate the law to enforce your rights,<\/strong> and that it is always advisable to look for help from an expert in property and leasing law.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

    How to evict a non-paying tenant? Have you rented your house or apartment to a non-paying tenant? If so, you will want to terminate the lease as soon as possible to rent your property to a more responsible person. However, this is often not easy, as the procedure for evicting a non-paying tenant can be […]<\/p>\n","protected":false},"author":2,"featured_media":3798,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[122],"tags":[],"class_list":["post-1537","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/posts\/1537","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/comments?post=1537"}],"version-history":[{"count":1,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/posts\/1537\/revisions"}],"predecessor-version":[{"id":4653,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/posts\/1537\/revisions\/4653"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/media\/3798"}],"wp:attachment":[{"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/media?parent=1537"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/categories?post=1537"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abogados-solicitors-torrevieja.com\/en\/wp-json\/wp\/v2\/tags?post=1537"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}