My commercial tenant is not paying: what should I do?

Question

José Manuel Alburquerque · Accepted Answer

Send the tenant a “burofax”, a certified letter with proof of content, as soon as possible, claiming payment and proposing negotiation. If you demand payment by that means at least thirty days before suing and the tenant does not pay, the tenant will no longer be able to stop the eviction by paying at the last minute. Before suing, the law requires an attempt at negotiation, which in Barcelona has to be something more than a demand for payment. If there is no agreement, you can bring a possession claim for non-payment and claim the rent at the same time, even if only one month's rent is owed. In the meantime, do not change the locks or cut off the utilities. Before suing The first step is a demand made by a means that provides reliable proof, one that leaves a record of the sending, the content and the receipt, such as a burofax with certification of content and acknowledgement of receipt or a formal demand served by a notary. The same document should do two things, clearly separated: Claim what is owed and warn that, if the tenant does not pay, a possession claim will be brought with no possibility of reinstatement of the tenancy (“enervación”). “Enervación” means paying everything owed within the period given by the court in order to stop the eviction. The tenant of commercial premises can also do this once, but not if this demand was received at least thirty days before the claim and the tenant did not pay. Make a genuine proposal to negotiate, with a deadline for replying and specific proposals, such as a payment schedule or an agreed date for leaving the premises. The “Audiencia Provincial” of Barcelona, the provincial appeal court, in its agreed criteria of 31 October 2025, requires that attempt at agreement to be offered in possession claims for non-payment and does not accept a mere demand for payment. It is enough to show a willingness to negotiate in good faith. If the tenant does not reply within thirty days of receiving the proposal, a claim can be brought. If the contract has a bank guarantee or a guarantor, also claim against whoever provided it, in writing and in accordance with what was signed. The claim If there is no agreement, a possession claim for non-payment is filed, which goes through the simplified procedure known as the “juicio verbal” whatever the amount of the debt and requires a lawyer and a court agent (“procurador”). It also claims the rent owed and any rent falling due during the proceedings. A single month's unpaid rent is enough. The claim must state whether the premises are anyone's principal residence and whether you are a large-scale landlord (“gran tenedor”), because without that statement it is not admitted. Once the claim has been admitted, the court requires the tenant within ten days to pay, leave or oppose the claim. If the tenant does nothing, the proceedings end and the eviction itself (the “lanzamiento”), when the court bailiffs recover the premises, takes place on the date already set. The guarantees, the time limit and what you must not do The statutory deposit (the “fianza”) for commercial premises is two months' rent and is applied to whatever is owed when the contract ends, not while it is running. Rent can be claimed for three years from the date each payment falls due, because in Catalonia that is the time limit for periodic payments. Each written claim makes the time limit start again. Do not change the locks, cut off the utilities or enter the premises, even if the tenant owes you money. This may be a criminal offence of coercion (“coacciones”) or of “realización arbitraria del propio derecho”, which means taking the law into your own hands. If the tenant goes into insolvency proceedings, special rules apply and it is advisable to seek advice.