Can a tenant stop an eviction by paying what is owed?

Yes, in an eviction for non-payment and within limits. This is what is known as “enervación”, which reinstates the tenancy. If, within the ten days the court allows, the tenant pays (or pays into court) everything claimed in the possession claim and whatever else is owed at that point, the proceedings end and the tenancy continues. The tenant cannot do so if he or she has already done it in a previous eviction, nor if the landlord demanded payment by “burofax” (a certified letter with proof of content) or another means that leaves a record at least thirty days before bringing the claim and the tenant did not pay before the claim was filed. Since 8 October 2026, if the tenant is economically vulnerable, the public authorities also have two months to pay on the tenant's behalf.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

How it is done

  • The time limit is the ten days given in the demand that the court sends the tenant when it admits the claim. Waiting until the day of the hearing is not good enough.
  • Everything claimed in the possession claim must be paid, together with whatever is owed at the time of payment, for example rent that has fallen due in the meantime.
  • The tenant can pay the landlord or lodge the money (“consignar”), that is, deposit it with the court or with a notary. If the tenant pays the landlord directly, it is advisable to prove this to the court within the time limit.
  • It is only possible in evictions for non-payment. In evictions at the end of the tenancy there is no “enervación”.

When it is not possible

  • If the tenant has already stopped a previous eviction in this way. The exception is where the landlord was not paid through his or her own fault, for example because he or she refused to accept the rent.
  • If the landlord demanded payment at least thirty days before filing the claim and the tenant did not pay before it was filed. The demand must be made by a means that leaves a record, such as a burofax or a formal demand served by a notary.

That is why, for the landlord, this demand is the first step when rent goes unpaid, together with the proposal for an agreement that the law requires before bringing a claim, because the demand on its own is not enough as an attempt at negotiation. For the tenant who receives it, the way to save the tenancy is to pay everything owed before the landlord files the claim, without waiting to be served with it.

The extraordinary reinstatement of the tenancy, since 8 October 2026

If the tenant is economically vulnerable, the public authorities have two months from being notified to pay (or pay into court) everything claimed, whatever is owed up to then and the costs, or to offer the tenant suitable housing. In the meantime, the proceedings and the eviction by the court bailiffs (the “lanzamiento”) are put on hold. If the authorities pay, the eviction ends and the tenancy continues. If they do nothing, they become the debtor in place of the tenant, there is no eviction and the tenancy runs to the end of its term as long as the vulnerability lasts. This is a different route from the tenant's own “enervación”. The first commentaries take the view that it is available even if the landlord had sent the thirty-day demand.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.