What to Do If the Tenant Does Not Pay Rent? Practical Legal Guide for Landlords in Murcia

When the tenant stops paying, acting quickly and methodically is key to recovering possession and rent. At GVC Abogados (García Valcárcel & Cáceres), a law firm based in Murcia, we accompany you from the first default to the eviction, with a solid preventive and procedural approach based on the *Ley de Arrendamientos Urbanos* (Urban Leases Act) and the *Ley de Enjuiciamiento Civil* (Civil Procedure Act).

Step 1: Verify the contract and calculate the debt

Review the lease agreement and accurately quantify what is owed. In cases of non-payment, the following may be included:

• Outstanding and unpaid rents.
• “Equivalent amounts” if agreed in writing: utilities, property tax, community fees, etc.
• Pending rent updates.

The LAU allows for the termination of the contract due to non-payment (art. 27). Proper documentation of the debt will facilitate the demand and request.

Step 2: Prior formal notice (burofax) and option for remedy

Before filing a lawsuit, send a formal notice (usually a burofax with text certification and acknowledgment of receipt) granting 30 days to pay. This step:

• Documents the debt and your intention to collect.
• Prevents the tenant from “remedying” the eviction later, unless they pay within those 30 days. If they do not pay within that period, they will no longer be able to remedy after the lawsuit (LEC, art. 22.4).

If the tenant pays everything owed on time, the relationship can continue; if they do not pay, you can file the lawsuit with greater guarantees.

Step 3: Evaluate amicable solutions (with certainty)

Negotiation can save time and costs: written payment plans, agreed handover of keys, compensations. Avoid verbal or ambiguous agreements. A tenancy lawyer in Murcia can lead this phase with legal certainty.

Step 4: Eviction lawsuit for non-payment: key phases and deadlines

• Filing the lawsuit: it is a verbal eviction trial for non-payment (LEC, art. 250.1.1.º). You can combine the claim for overdue rents and those that accrue until the handover of the property.
• Admission and requirement: the court will require the tenant to pay, vacate, or oppose with reasons within 10 days; and will set a date for eviction from the outset (LEC, art. 440.3).
• Remedy: this is only possible if there was no formal notice with 30 days or if it was not remedied beforehand. It requires full payment of what is owed.
• Opposition and hearing: if the tenant opposes, there will be a trial; if not, a decree or favourable judgment will be issued.
• Eviction: if the tenant does not vacate voluntarily, the eviction will be executed on the scheduled date.

Note: in residential leases, Social Services may intervene when vulnerability is claimed, which can lead to temporary suspensions for specified reasons. It is advisable to plan this with your lawyer.

What can you claim in addition to eviction?

• Outstanding and future rents until the keys are handed over.
• Legal interest and, if applicable, costs if there is a conviction.
• Proven damages and defects (with expert reports/photographs and minutes if applicable).

Deposit: can I apply it to unpaid rents?

The deposit (*LAU*, art. 36) guarantees compliance; it should not be “consumed” during the contract as if it were another monthly payment. If exceptionally offset, the tenant must replenish it, and you can claim the unpaid amount in addition to demanding replenishment. The final settlement of the deposit is made at the end of the lease.

Errors to avoid (they may generate liability)

• Do not change the lock or cut off supplies: this may constitute coercion or arbitrary exercise of your own right.
• Do not enter the property without consent or judicial authorization.
• Do not accept verbal agreements or partial payments without a clear and dated document.
• Do not delay the demand or the lawsuit: debts accumulate and the process is prolonged.

Useful documentation for your lawyer

• Lease agreement and annexes.
• Details of unpaid amounts (receipts, bank statements, communications).
• Burofax/requirements sent and acknowledgments.
• Condition of the property (photos, inventory, minutes).
• Details of the tenant and possible guarantors or sureties.

Indicative deadlines

Eviction for non-payment, if properly raised and with prior demand, tends to be resolved more swiftly. Nevertheless, the actual duration depends on the court, the tenant's opposition, and, if applicable, interventions from Social Services. At GVC Abogados, we will provide you with a realistic timeline for Murcia and its surroundings.

What if it is a commercial property or seasonal lease?

Eviction for non-payment is also applicable. Some nuances change regarding residential properties (for example, vulnerability measures), but the structure of the verbal procedure and the possibility of claiming rents is similar. We analyze it on a case-by-case basis.

Quick frequently asked questions

• Can I charge the IBI or community fees? Only if it is expressly agreed in the contract.
• If the tenant pays “something,” does it avoid eviction? No. The remedy requires full payment within the deadline.
• What happens if they have already remedied before? They cannot remedy a second time.
• Can I go to a monitoring procedure? Yes, to claim only rents; if you want to recover possession, the ideal is the verbal eviction procedure.

GVC Abogados: comprehensive defence of the owner in Murcia

Since 1946, GVC Abogados (García Valcárcel & Cáceres) offers experience, trust, and quality. We design the complete strategy: demand, secure negotiation, and eviction, with the support of a multidisciplinary team accustomed to litigating in Murcia.

Where we are: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia.

Additionally, if you need family law attorneys or inheritance lawyers in Murcia, our team will also assist you with divorces, custody, inheritances, and partitions, with the same rigor as in lease matters.

How we help you today

• Free initial review of viability and debt calculation.
• Drafting and sending of a certified burofax to protect your procedural position.
• Eviction lawsuit for non-payment with claims for rent and interest.
• Monitoring of the hearing and execution of the eviction.

If your tenant is not paying, act now. Contact GVC Abogados and let’s implement the right plan to recover your property and your profitability.