How long does an eviction for non-payment take?

There is no fixed timescale, because it depends above all on how long the court takes to admit and serve the claim and on whether the tenant opposes it or is vulnerable. If the tenant does not pay, does not leave and does not oppose the claim, the court brings the proceedings to an end and the eviction itself (the “lanzamiento”), when the court bailiffs hand the flat back to the owner, takes place, in principle, on the date the court already set when it admitted the claim. If the tenant opposes the claim, there is a hearing and the judgment can be appealed. If the tenant is vulnerable, it can take much longer and may even never happen, above all because of the measures in force since 8 October 2026. Even without opposition or vulnerability, you should allow several months from the claim, plus the time taken by the prior attempt at negotiation.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

The steps

  • Before the claim, the attempt at negotiation. If the tenant does not reply, you have to wait thirty days from when the tenant receives the proposal. If the same letter also demands payment, the two time limits run at the same time.
  • Once the claim has been admitted, the court requires the tenant, within ten days, to pay, leave the flat or oppose the claim. That demand already sets the date of the hearing in case the tenant opposes the claim and the eviction date in case he or she does not.
  • If the tenant does not pay, does not leave and does not oppose the claim, the court brings the proceedings to an end and the eviction goes ahead on the date set.
  • If the tenant opposes the claim, the hearing is held. If the landlord wins, the eviction is set for a date within thirty days of the hearing. To appeal against the judgment, the tenant must prove that he or she has paid the rent that has fallen due or paid it into court.
  • If the property is the tenant's principal residence, the court notifies the social services, which have ten days to report. If they find that the tenant is vulnerable, the judge can suspend the eviction for up to two months if the landlord is an individual or up to four if it is a company or other legal entity.

What makes it take longer

  • The tenant cannot be found in order to be served. If service at the flat fails, the court can serve the papers by edict, that is, by publishing them, but that also takes time.
  • The tenant applies for legal aid (“justicia gratuita”), which can delay the proceedings while the application is decided.
  • The tenant is vulnerable. Since 8 October 2026, where a tenant facing eviction for non-payment is economically vulnerable, the proceedings are put on hold for up to two months so that the public authorities can pay what is owed or provide another home. If they do neither, they become the debtor themselves, there is no eviction and the tenancy continues for as long as the vulnerability lasts. In other cases, the eviction of a vulnerable person with no other home can be suspended, with periodic reviews, for up to a maximum of three years.
  • The workload of each court.

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.