How much does an eviction cost and who pays the legal costs?

Question

José Manuel Alburquerque · Accepted Answer

There is no fixed price. An eviction requires a lawyer and a court agent (“procurador”), so ask for a written quote beforehand. The legal costs, which are mainly those fees, are in principle paid by whoever loses the case. If the tenant does not oppose the claim, they are awarded against the tenant. But being ordered to pay them does not mean the tenant will actually pay, because if he or she has no income or assets there will be nothing to recover them from. What has to be paid The lawyer and the court agent, who are compulsory in an eviction even if the debt is small. The limit of 2.000 euros below which they are not needed applies to money claims, not to evictions. The lawyer's fees are freely agreed. The court agent's fees follow an official scale. The court fee, which individuals do not pay. Companies, in general, do. The preliminary expenses, such as the “burofax” (a certified letter with proof of content) or the formal demand served by a notary. If the tenant has already left and you are only claiming the money through the “proceso monitorio”, a fast-track procedure for debt claims, the initial application does not need a lawyer or a court agent. Who pays the costs As a general rule, whoever loses the case pays the other side's costs. If the tenant does not oppose the claim, the court brings the proceedings to an end and orders the tenant to pay the costs. What can be recovered from the losing party for the lawyer's fees is capped at one third of the value of the claim, which is the monetary value the law assigns to it. If only eviction is sought, the value is in principle one year's rent. For example, with a rent of 1.000 euros a month, the value of the claim is 12.000 euros and the cap is 4.000 euros. That cap limits what the tenant pays, not what you agree with your lawyer. If one of the parties refused without good reason to try to reach the agreement that must be attempted before the claim, the judge can take this into account when deciding on costs. In the claim you can offer to waive the costs and all or part of the debt if the tenant leaves the flat within the time you set. If the tenant accepts and leaves, the proceedings end. Recovering them is another matter If the tenant has no income or assets that can be attached, you will recover neither the costs nor the rent, even if the judgment orders the tenant to pay. If the tenant obtains legal aid (“justicia gratuita”), he or she will only have to pay the costs if his or her financial situation improves within the following three years. If you have rent guarantee insurance that includes legal expenses cover, it may cover the lawyer and the court agent for the eviction.