In the field of Civil Law, unpaid rent and the recovery of overdue rental payments have become an increasingly common issue for many landlords. When a tenant stops paying rent, it is crucial to understand how to act legally to protect the landlord’s interests and minimize financial losses. Timely and well-grounded actions can prevent the situation from worsening, ensuring compliance with the rental agreement.
If you are wondering what to do if a tenant does not pay rent, at BUFET GÓMEZ FERRÉ, as specialist lawyers in debt recovery in Barcelona, we are here to guide you on your rights and the legal steps required to claim unpaid rent from a tenant, in accordance with regulations in Catalonia and Spain.
Below, we detail the steps and options available to claim unpaid rent from a tenant, aiming to maximize your chances of success in your case.
What does it mean to claim unpaid rent?
Claiming unpaid rent refers to the legal process by which a landlord seeks to recover the money owed by a tenant who has failed to meet their rental payment obligations for the use of a property or dwelling. Under a rental agreement, the landlord has the right to receive the agreed rent, and the tenant is obligated to pay it.
In the context of lease agreements, unpaid rent constitutes a breach of the agreed terms and can have serious consequences for both the landlord and the tenant. Current regulations allow the landlord to use various legal mechanisms to demand payment of overdue rent. If the tenant continues to fail to pay, the landlord may proceed with the tenant’s eviction.
In Spain, the Law 29/1994, of November 24, on Urban Leases (LAU), provides the general legal framework for these cases. In Catalonia, the Law 18/2007, of December 28, on the right to housing, complements the state regulations in some aspects.
In Catalonia, the Law 4/2013, of June 4, on measures to promote flexibility and encourage the rental housing market, introduced specific amendments, such as the possibility of registering lease agreements in the Land Registry for greater legal security. For this reason, before initiating any legal action, it is advisable to attempt amicable negotiations or resort to mediation, a process regulated in Catalonia by Law 15/2009, of July 22, on mediation in private law.
Claiming unpaid rent is a right of the landlord, but it must be exercised by following the established legal procedures, respecting the tenant’s rights, and complying with the deadlines and formal requirements set by law in each case.
How to initiate the process of claiming from a tenant?
To start the process of claiming unpaid rent if the tenant does not pay, it is recommended to follow these steps:
The first step is to contact the tenant who is not paying to discuss the situation amicably. Often, a simple reminder or conversation can resolve the problem.
If the initial communication does not work, the next step is to send a formal written notification via burofax, one of the most recommended options. This document should be sent by certified mail to ensure the tenant receives it and there is a record of its delivery. It should detail:
- The outstanding debt, including dates and amounts of the overdue rent
- Late payment interest, if stipulated in the contract
- Deadline for payment (usually 30 days are granted)
- Consequences of non-payment, including the possibility of initiating legal actions
All relevant documents should be collected:
- Lease agreement
- Payment and non-payment records
- Previous communications with the tenant
- Proof of sending and receiving the burofax
Determine the exact amount owed, including:
- Unpaid rent
- Late payment interest (if applicable)
- Utility or community expenses (if the contract states they are the tenant’s responsibility)
If the tenant responds to the burofax, try to negotiate an amicable agreement to avoid legal proceedings. Consider options such as:
- Installment payment plan
- Partial debt forgiveness in exchange for an immediate payment
- Voluntary eviction agreement with partial debt forgiveness
Consider the possibility of mediation before proceeding with more serious legal actions. In Catalonia, you can resort to the Center for Private Law Mediation of Catalonia.
If an amicable agreement is not reached, we recommend following these steps:
At this point, it is highly recommended to have the help of a lawyer specializing in debt claims and civil law. A professional can advise you on the best way to proceed and represent your interests if the case goes to court, as well as maximize your chances of recovering the unpaid rent.
If the tenant does not respond or an agreement is not reached, the next step is to file a rent claim lawsuit in the competent court. Your lawyer will help you:
- Choose the most suitable procedure (monitoring, verbal, or ordinary)
- Prepare all necessary documentation
- Write the claim clearly and effectively
- Determine if it is advisable to combine the eviction action with the rent claim
In cases where the tenant is at risk of insolvency, your lawyer may request precautionary measures to secure the payment of the debt, such as the preventive seizure of assets.
Once the claim is filed, your lawyer will take care of:
- Attending to all court notifications
- Preparing and attending hearings
- Negotiating possible agreements during the process
- Enforcing the judgment if it is favorable
Remember that each case of unpaid rent is unique, and the legal strategy should be adapted to the specific circumstances of your situation. Having professional legal advice from the beginning of the process can make a difference in the outcome of your rent claim.
Legal options for claiming unpaid rent
If a tenant does not pay the rent, the landlord has different legal avenues to manage the situation, starting with amicable attempts and, if necessary, resorting to judicial proceedings. In Spain, and specifically in Catalonia, there are several alternatives for claiming unpaid rent, each with its own characteristics depending on the specific case. Below are the most common ones:
This is one of the most effective mechanisms to claim rent arrears as it allows the owner to regain possession of the property if the tenant fails to pay. This procedure allows the owner to recover their property within a reasonable time, although it may be extended if the tenant appeals.
- Process: A lawsuit for eviction is filed before the competent court, requesting both possession of the property and the collection of the overdue rent.
- Advantage: It is a procedure that can be fast and allows the owner to recover the use of their property.
- Disadvantage: Although possession of the property is regained, the debt may not be fully recovered if the tenant has no assets to seize.
If the landlord has documents that prove the debt, such as a lease agreement signed by both parties, the executive lawsuit is an effective option. This procedure allows obtaining a court order for the tenant to pay the overdue rent.
- Process: It is based on presenting valid documents that prove the debt, such as the lease agreement.
- Advantage: It can be faster than an ordinary lawsuit and allows for direct payment enforcement.
- Disadvantage: It requires specific documents that may be challenged, which could lengthen the process.
This procedure is suitable for smaller debts (up to 250,000 euros), and involves filing a request with the court without the need for a lawyer or procurator. If the tenant does not respond, the monitoring lawsuit becomes a judicial claim, allowing the landlord to demand payment of the rent in an executive manner.
- Process: A request is filed with the court to claim the debt without the need for a lawyer or procurator initially.
- Advantage: It can be fast if the debtor does not oppose.
- Disadvantage: If the debtor opposes, the process becomes an ordinary lawsuit.
This is used in more complex cases or when the amount of the debt is high. This process allows the landlord to claim the debt without necessarily requesting the eviction of the tenant.
- Process: It requires filing a formal lawsuit and a detailed review by the court.
- Advantage: It allows claiming large amounts of unpaid rent and addressing situations that may involve complex aspects of the lease agreement.
- Disadvantage: It is usually more expensive and prolonged than other procedures.
For debts under 6,000 euros, the landlord can opt for the verbal lawsuit, a more agile process that allows the landlord to claim the payment of unpaid rent and, if desired, request the termination of the lease agreement.
- Process: A claim is filed via verbal lawsuit, and the court issues a judgment within a relatively short period.
- Advantage: Its speed allows for a quick resolution compared to the ordinary lawsuit.
- Disadvantage: It only applies to smaller debts, so it is not suitable for all cases.
Each of these options has advantages and disadvantages, and the choice of one over another will depend on the specifics of the case. For this reason, having the help of a lawyer specialized in debt claims will allow you to choose the best route for your situation and ensure it complies with current regulations, whether in Catalonia or the rest of Spain.
Tips for knowing what to do if a tenant does not pay the rent
To properly manage the claim for unpaid rent, we recommend keeping the following tips in mind:
Frequently asked questions related to unpaid rent
Yes, as a property owner, you have the right to claim all unpaid rent, including late payment interest, as long as it is properly stipulated in the lease agreement. However, it is important to consider the prescription periods, which are generally 5 years for rent debts in Spain.
If the tenant does not respond to the notifications or the judicial process, a judgment in default can be proceeded with, meaning that the court can issue a ruling based solely on the evidence presented by the landlord.
The resolution time can vary depending on the method chosen and the complexity of the case. An eviction procedure for non-payment can be resolved in a few months, while an ordinary trial may take over a year. Having the help of a lawyer will allow you to get a realistic estimate of the time and expedite the process as much as possible.
After the eviction is carried out, the landlord can initiate a claim for the outstanding rent through an executive trial to demand payment of the outstanding debt, which may include measures such as the seizure of the tenant’s assets or bank accounts to secure payment of the debt.
Free lawyer consultation – Specialists in claiming unpaid rent from tenants
If you are wondering what to do if a tenant does not pay rent and need personalized guidance to handle an unpaid rent situation, consult with a free lawyer at BUFET GÓMEZ FERRÉ: Claiming unpaid rent from a tenant is a process that requires swift action. Although there are extrajudicial methods to resolve the situation, in many cases, legal channels need to be pursued. Our team of lawyers specialized in unpaid debts offers a free initial assessment, where we will analyze your situation and recommend the most appropriate options for your case.
Remember that each case may require a specific approach, but you should know that at BUFET GÓMEZ FERRÉ, we always work as result-based lawyers, meaning that our fees are tied to the success of the claim, always aiming to have legal costs covered by the tenant.
Feel free to contact our law firm in Barcelona through the contact form on our website to get specialized legal advice before taking any action.