How will I be notified of an eviction?

Question

José Manuel Alburquerque · Accepted Answer

Normally, first the landlord, with a “burofax” (a certified letter with proof of content) demanding the debt or asking you to leave the flat and proposing negotiation. If there is no agreement, the court notifies you, delivering to the rented flat the claim and a demand that gives you ten days to leave, pay what you owe or oppose the claim. That demand already sets the date of the hearing if you oppose the claim and, if you do not, the date of the eviction (the “lanzamiento”), which is the day on which the court bailiffs would make you leave the flat. If you cannot be found, the court can serve you by edict, by means of an official notice, without this stopping the proceedings. If you lose the case and do not appeal, the eviction takes place on the date already set, without any further notice. The landlord's notice Before bringing a claim, the landlord must try to reach an agreement with you, so you will normally first receive a burofax or a formal demand served by a notary. It may contain two things: A demand for what you owe, with a warning that, if you do not pay within thirty days, the landlord will sue you. If you do not pay within that time, you will no longer be able to stop the eviction by paying at the last minute. A proposal to negotiate, such as a payment plan or a date for leaving the flat. If the tenancy has ended, it may be a notice to leave the flat with an offer to discuss the timing or the terms. Always collect burofaxes and registered letters and reply in writing. This is the time to negotiate and to ask the social services for help. What the court serves on you The claim and the demand are delivered to the rented flat, unless the contract specifies another address for notices. If you cannot be found, the court can serve you by edict. In an eviction for non-payment, the demand gives you ten days to leave, pay what you owe or oppose the claim. It warns you that, if you do nothing, the proceedings will be brought to an end and the eviction will take place on the date it already gives you. The court informs you that you can go to the social services. If the flat is your principal residence, the court itself notifies them so that they can assess whether you are in a vulnerable situation, because that may lead to the eviction being suspended. If you oppose the claim, there is a hearing. If you lose, the eviction is set for a date within thirty days of the hearing. Eviction day On that day the court bailiffs go to the flat, with a locksmith and, if necessary, the police. If you want to avoid reaching that point, act beforehand. Talk to the landlord, go to the social services and, if you cannot afford a lawyer, apply for legal aid (“justicia gratuita”) as soon as you receive the court's demand.