The eviction or repossession process in the Balearic Islands is a legal tool that allows property owners to regain possession of their property when a tenant fails to meet obligations or when the property is illegally occupied. Given the complexity and sensitivity of these procedures, it is essential to understand the circumstances that justify their initiation and the legal framework that governs them.
In this article, we analyze the types of eviction procedures in the Balearic Islands, the differences between eviction and repossession, the timelines for the judicial process, and how property owners can effectively proceed with the help of a real estate lawyer.
What is the Difference Between Eviction and Repossession?
The difference between eviction and repossession lies in the situation at hand and the legal process used:
- Eviction: A judicial procedure by which the owner requests to recover possession of their property. It is primarily used in cases where there is a rental agreement that has been violated, such as non-payment of rent, improper use of the property, or the end of the lease without the tenant voluntarily vacating. This procedure is mainly regulated by the Urban Lease Law (LAU).
- Repossession: Refers more to the physical act of removing occupants from a property, either because they lack a legal title (such as squatters) or by court order. Repossession may result from an eviction process or from other judicial procedures, such as the removal of precarious occupants or illegal squatters.
In the Balearic Islands, each type of situation (non-payment, contract termination, illegal occupation) has a specific procedure to follow, with its own timelines and formal requirements.
When is an Eviction or Repossession Initiated in the Balearic Islands?
In the Balearic Islands, an eviction or repossession is initiated in the following cases:
Non-payment of rent: When a tenant fails to pay rent for one or more months, the owner may initiate an eviction for non-payment. This is the most common type of eviction and is supported by the Urban Lease Law.
End of the lease agreement: If the rental contract has expired and the tenant refuses to vacate the property, the owner has the right to start an eviction process. The owner must have notified the tenant in advance about the non-renewal of the lease.
Illegal occupation (squatters): If someone occupies a property without the owner’s consent, the owner can initiate a repossession process for illegal occupation or use the “express eviction” procedure, which allows for a faster action to recover possession of the property.
Violation of contract conditions: If the tenant uses the property for purposes not agreed upon (such as illegal or commercial activities in a residential home), the owner can initiate an eviction for breach of contract.
In any of these cases, it is crucial to follow the correct judicial procedure, as a forced eviction without a court order is prohibited and may result in legal consequences for the owner.
Eviction Process in the Balearic Islands
The eviction process in the Balearic Islands begins when the owner files a lawsuit with the corresponding court, assisted by a lawyer and court representative. The process varies depending on the situation, but the general steps are as follows:
- Filing the lawsuit: The owner must file an eviction or repossession lawsuit in the competent court. This lawsuit must be signed by a lawyer and a court representative, and it should include all the documentation that supports the ownership of the property and the violation committed by the tenant or occupant (non-payment of rent, end of contract, etc.).
- Notification to the tenant: Once the lawsuit is accepted, the court will notify the tenant or occupant. The tenant has 10 days to respond and, in the case of non-payment evictions, to pay the outstanding debt.
- Tenant’s response or non-response: If the tenant does not respond, the court will set a date for the eviction. If the tenant opposes, a trial will be held to determine whether the eviction is warranted.
- Eviction (physical repossession): If the tenant does not pay the debt or vacate the property voluntarily, the judge will issue an eviction order, setting a date by which the tenant must leave. If they do not comply, a forced eviction will take place, with police intervention and a locksmith if necessary.
Timelines for the Process
The time it takes to carry out an eviction process in the Balearic Islands depends on the nature of the procedure and the tenant’s response. If there is no opposition, the process can be resolved within 2 to 3 months. However, if the tenant appeals or opposes the eviction, the process can extend between 4 and 8 months, depending on the court’s workload and other factors.
The express eviction process, used in cases of illegal occupation, is generally faster and can be completed in a few weeks, provided there is no opposition.
How Much Time Does a Tenant Have to Vacate?
The time a tenant has to vacate the property varies depending on the type of eviction and the stage of the procedure. Generally, once an eviction order is issued, the tenant has 30 days to voluntarily leave the property. If they do not, a forced eviction with judicial intervention will take place.
In cases of eviction due to non-payment, the tenant has 10 days to oppose the lawsuit or pay the outstanding debt. If they fail to do so, the judge may set the eviction date without further delay.
For illegal occupations, the express eviction process gives squatters 5 days to present any documentation that justifies their stay. If no documents are provided, the judge will immediately set an eviction date.
What to Do if You Are Evicted and Have Nowhere to Go?
If a tenant refuses to vacate the property after the lease has ended or after receiving an eviction notice, the owner cannot take matters into their own hands, such as changing the locks or cutting off utilities. Such actions are illegal and could result in civil or even criminal liability for the owner.
The only legal course of action is to proceed through a judicial eviction process. If the tenant resists leaving the property, the court can order police intervention to carry out the eviction. It is crucial that the entire procedure is handled in accordance with the law to avoid legal complications.
What Happens if the Tenant Refuses to Leave?
If a tenant refuses to vacate the property after the lease has ended or after receiving an eviction notice, the owner cannot take matters into their own hands, such as changing the locks or cutting off utilities. Such actions are illegal and could result in civil or even criminal liability for the owner.
The only legal course of action is to proceed through a judicial eviction process. If the tenant resists leaving the property, the court can order police intervention to carry out the eviction. It is crucial that the entire procedure is handled in accordance with the law to avoid legal complications.
What to Do if You Are Evicted and Have Nowhere to Go?
If you are facing eviction and have no place to stay, local social services may offer temporary assistance. Depending on the situation, you may be eligible for emergency aid, access to social housing programs, or the opportunity to negotiate with the property owner for an extension.
Additionally, some courts may allow the eviction to be postponed if evidence of vulnerability or extreme situations is presented, such as having minors or dependent individuals in the household. However, it is essential to consult with a lawyer as soon as possible to explore all legal options.
Specialized Legal Services for Evictions and Repossessions in the Balearic Islands
At Rodríguez Tur Lawyers, we specialize in real estate and urban planning law and have extensive experience managing evictions and repossessions in the Balearic Islands. Our team can advise and represent both property owners and tenants, ensuring that the rights of both parties are respected throughout the process.
We offer personalized services to initiate evictions due to non-payment, end of contract, illegal occupation, or any other reason requiring the recovery of a property. If you are facing an eviction or repossession situation, contact us for a no-obligation consultation.
