Eviction lawyer in Alicante

01What an eviction lawyer in Alicante does

An eviction lawyer in Alicante handles the whole court process to recover a property, or defends the person who receives the claim. I am Esther Sánchez Hellín, a lawyer registered with the Alicante Bar (ICALI, number 5795), practising in Alicante since 2002. From my office on calle Isabel La Católica I work on both sides: owners who have gone months without rent, many of them living abroad, and families who receive a claim in Spanish.

An eviction (desahucio) has its own rules: very short deadlines, the tenant's right to stop the case by paying (enervación), extra requirements under Housing Law 12/2023 and a final stage, the physical eviction (lanzamiento).

What I do for you

• If you are a landlord: I review the contract, calculate the debt, send the formal demand, file the claim and see it through until you get the keys back.
• If you are a tenant: I check whether the claim has defects, whether you can stop it by paying and whether Law 12/2023 protects you.
• In both cases: I try to reach an agreement first. A negotiated eviction is usually faster and cheaper than a judgment.

If the real issue is the family home after a divorce or a debt that has become unpayable, see my guides on a family lawyer in Alicante and on debt relief and the second chance law.

One honest note: consultations are in Spanish. If you need an interpreter, say so when you message me on WhatsApp and we will arrange it.

02Types of eviction in Spain: unpaid rent, end of contract, precario and squatters

The correct procedure depends on why you want the property back. The Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil, LEC) channels the most common evictions through a fast oral procedure, the juicio verbal (art. 250.1 LEC).

Eviction for unpaid rent

The most common case in Alicante. The tenant stops paying the rent or the agreed extras and the landlord asks, in one claim, for possession and payment of the debt. One unpaid month is enough to file.

Eviction at the end of the contract

The contract expired, notice of non-renewal was given in time, and the tenant stays. Be careful: a residential lease in Spain has a minimum term of 5 years (7 if the landlord is a company) under art. 9 of the Urban Leases Act (LAU), whatever your contract says.

Eviction for precario (occupation without rent or contract)

Someone lives in your property without paying and without a contract: a relative, a former partner, a friend who never left. There is no rent to claim, only possession to recover.

Illegal occupation (okupas)

People who enter without any permission. This has its own fast civil route (art. 250.1.7 LEC) and, in some cases, a criminal route. See the section below.

Choosing the wrong route is an expensive mistake: a precario claim against a tenant with a verbal contract is dismissed and you start again from scratch.

03If you are a landlord: how to get your property back

If your tenant has stopped paying, the first thing I ask of you is calm and paperwork. Changing the locks, cutting off the electricity or turning up with threats can be a criminal offence in Spain (coacciones) and turns the landlord into the accused.

Before filing

• Formal demand for payment. A burofax (registered letter with certified content) claiming the debt and offering a negotiated solution. It proves the out-of-court attempt that Organic Law 1/2025 requires since 3 April 2025 (the so-called MASC) and, after 30 days without payment, blocks the tenant's right to stop the case by paying.
• Stating whether you are a large holder. Law 12/2023 obliges the claim to state whether the landlord is a "gran tenedor" (broadly, an owner of more than ten urban properties) and whether the property is the tenant's habitual residence. Otherwise the court will not admit it.
• Vulnerability. If the tenant is vulnerable and the landlord is a large holder, conciliation through social services must be attempted first.

The claim

It is filed by a lawyer and a procurador at the courts of first instance in Alicante (Ciudad de la Justicia, avenida Aguilera) or at the courts of the district where the property is, such as Elche, Benidorm or Torrevieja. The court orders the tenant to pay, contest or leave within 10 days and already sets the hearing and eviction dates.

To pursue the debt afterwards (attachment of wages or bank accounts in Spain), see my guide on a civil lawyer in Alicante and the article on debt recovery in Alicante (in Spanish).

04If you are a tenant: how to defend yourself against an eviction

Receiving an eviction claim is frightening, but it does not mean you will be on the street in two weeks. You have rights and, above all, you have 10 days from notification to react.

Enervación: pay and stay

If the eviction is for unpaid rent, you can stop it by paying everything you owe before the hearing. The case is closed and your contract continues. It can only be done once (art. 22.4 LEC) and is not available if the landlord sent you a formal demand at least 30 days earlier and you did not pay. Never ignore a burofax.

Contesting the claim: when it makes sense

• The amount claimed is wrong: you already paid part of it, or you are charged for items never agreed.
• The contract has not ended because the landlord did not respect the minimum term under the LAU or the notice period.
• The claim does not state whether the landlord is a large holder or ignores vulnerability, or you were asked for a deposit above the one month that art. 36 LAU allows.

Vulnerability and Law 12/2023

If you are economically vulnerable (low income, dependent children, disability), get it certified as soon as possible by the social services of your town hall. That report lets you ask the court to suspend the eviction for a period while alternative housing is sought, especially if the landlord is a large holder. It does not stop the eviction forever, but it buys time. And if your income is below the thresholds of Law 1/1996, apply for legal aid at the Alicante Bar (ICALI) on the first day: foreign residents with a NIE qualify on the same terms as Spanish nationals.

Sometimes the best defence is a negotiated exit, with more time and no debt. If you prefer that route, book an appointment and we will see what suits you.

05How long does an eviction take in Alicante? Real timelines

The question I am asked most often is how long an eviction takes in Alicante. Honestly, it depends on the court, on whether the tenant contests and on whether vulnerability is certified. As a guide, you can expect roughly these times:

Overall, an uncontested eviction for unpaid rent usually takes 5-8 months in Alicante from filing to the handover of keys; with opposition and a suspension for vulnerability it can stretch to 12-18 months. What is in your hands is not to lose time before filing: every week of hesitation is another month of rent you will not collect.

Recent reforms have changed several of these deadlines. I summarise them in my article on the changes to eviction law in the Valencian Community (in Spanish).

06How much does an eviction cost: lawyer, procurador and court costs

Another frequent question: how much does an eviction lawyer in Alicante cost. At the first consultation I give you a written engagement letter (hoja de encargo) with the fees set out clearly; these are the items and approximate ranges.

• Lawyer's fees. A straightforward eviction for unpaid rent is, as a guide, between several hundred euros and a little over a thousand; with opposition, a hearing and enforcement the figure rises.
• Procurador. Compulsory in eviction cases, with official and relatively modest tariffs.
• Burofax and land registry extract (nota simple). Small but necessary expenses.
• Court fees. Private individuals are exempt; companies pay a fee.
• Locksmith and removal of belongings on eviction day. Advanced by the landlord, who can claim them back later.

If you win, the tenant is normally ordered to pay the costs. In practice, if the tenant has no assets in Spain or has gone back to their home country, that is hard to collect. That is why, before filing, I assess with you whether a full court case or an agreement with a partial write-off in exchange for a quick exit makes more sense.

For a tenant, the cost is the debt plus the court costs if you lose. If the underlying problem is several debts you cannot pay, the Spanish second chance law (in Spanish) may be a real way out.

07The lanzamiento: what happens on eviction day

The lanzamiento is the moment when the court commission (a court official, the procurador, a locksmith and, if necessary, the police) goes to the property to hand it back to the owner. The date is set in the first order admitting the claim and confirmed after the judgment.

How I prepare it with a landlord

• I confirm the date and time with the court and arrange the locksmith.
• You, or someone you trust if you are abroad, attend with a witness and photograph the property.
• Belongings left behind are recorded and a deadline set for their removal.
• We change the locks that same day.

If there are children or vulnerable people

If minors or people with certified vulnerability live in the property, the court can suspend the eviction and refer the case to social services. Today there is a suspension regime linked to Law 12/2023, above all where the landlord is a large holder. As a tenant, if the date is set and you have nowhere to go, do not wait: contact social services, request the suspension in writing and, if you can, negotiate a voluntary handover with more time.

08Squatters (okupas) in Alicante: civil and criminal routes

Illegal occupation is a major worry for foreign owners of second homes in Playa de San Juan, Campello, Santa Pola or Torrevieja that stand empty for part of the year. There are two routes.

Civil route: the fast-track recovery of art. 250.1.7 LEC

Since Law 5/2018, an individual owner can ask the court for immediate recovery of a dwelling, even against "unknown occupants". They have 5 days to produce a title that justifies their occupation; if they cannot, the court orders the property handed over. This is the safest route when you cannot prove a crime or the occupants have been there for some time.

Criminal route: usurpation and breaking into a dwelling

If the occupation is recent and provable, you can file a complaint for usurpation (art. 245.2 of the Penal Code) or, for your habitual home or a second home you actually use, for breaking into a dwelling (allanamiento de morada, art. 202). Organic Law 1/2025 added these offences to the fast-track criminal procedure (juicio rápido). Whether the police act on the spot depends on the offence being caught in progress and on you proving ownership.

What not to do

• Force your way in, cut off utilities or hire "de-occupation companies" that rely on intimidation: you can end up charged with coercion.
• Sign any document with the occupants without review: it can become a title that blocks your eviction.
• Let time pass.

If you suspect a property you own is occupied, message me on WhatsApp and we will decide the same day which route is right.

How an eviction is processed, step by step

1. 1
   First consultation and contract review

   We go through the contract, the payments, the deposit and your large holder status to pick the route.

2. 2
   Formal demand by burofax

   I claim the debt formally and offer a negotiated solution. It satisfies the pre-court attempt required by Organic Law 1/2025 and, after 30 days, removes the tenant's right to stop the case by paying.

3. 3
   Eviction and rent claim

   Filed with a procurador at the court for the district where the property is, with the deed, the contract, the debt calculation and the declaration on large holder status.

4. 4
   Court order to the tenant

   The court gives the tenant 10 days to pay, contest or hand over the property, and already sets the hearing and eviction dates.

5. 5
   Hearing and judgment

   Only if the tenant contests. After a short oral hearing the judge rules; if the claim succeeds, the tenant must leave, pay the rent and normally the costs.

6. 6
   Eviction and handover of keys

   The court commission attends on the date set, the locks are changed and you recover possession.

7. 7
   Enforcing the debt

   Once the judgment is final, you can ask the court to attach the tenant's wages, accounts or assets in Spain.

Frequently asked questions