How many months' rent must a tenant owe before you can evict them?

Question

José Manuel Alburquerque · Accepted Answer

One is enough. The law allows the contract to be terminated for non-payment of rent without requiring a minimum number of months. The same applies to the other amounts that the contract makes payable by the tenant, such as service charges (owners' association fees). The idea that three months are needed does not come from the law. That said, before bringing a claim you must try to reach an agreement with the tenant and it is advisable to demand payment by a means that leaves a record, such as a “burofax”, a certified letter with proof of content, at least thirty days before the claim, so that the tenant cannot stop the eviction by paying afterwards. A single month is enough The courts have consistently held that non-payment of a single month's rent allows the contract to be terminated and that the landlord does not have to put up with delays. Unless the contract says otherwise, rent is paid monthly in advance, within the first seven days of each month. Once that period has passed, the tenant is already in arrears. Service charges, utilities and the other amounts that the contract validly makes payable by the tenant also count. In contracts signed or renewed since 8 October 2026, the taxes on the property that the landlord must pay, such as the IBI, the local property tax, can no longer be passed on to the tenant, so in those contracts failing to pay them is not grounds for eviction. In earlier contracts, if the contract validly passed them on, in principle they do count. Paying late or paying only part Paying late is also a breach. But if you accept the delays month after month without objecting, the tenant will be able to argue that you tolerated them. If you do not agree, say so in writing. If you accept a partial payment, record in writing that you are receiving it on account and without waiving your right to claim the rest or to seek eviction. If the tenant pays everything within the time the court allows once the claim has been filed, he or she can stop the eviction, although only once. The tenant cannot do so if you demanded payment by a means that leaves a record at least thirty days before bringing the claim and the tenant did not pay before the claim was filed. Why it is best not to wait With every month that passes the debt grows and recovering it in the end depends on the tenant having income or assets. Before bringing a claim you must try to negotiate. If the tenant does not reply, you have to wait thirty days from when the tenant receives the proposal. A letter that only demands payment is not enough as an attempt at negotiation. The practical course is to send the formal demand for payment and a proposal for an agreement in the same burofax, clearly separated. If you have rent guarantee insurance, follow the time limits in your policy for notifying the non-payment and for starting eviction proceedings.