My tenant is not paying the rent: what should I do?

Question

José Manuel Alburquerque · Accepted Answer

Demand payment in writing by a means that leaves a record, such as a “burofax”, a certified letter with proof of content. In that same letter, make a genuine offer to reach an agreement, because since April 2025 you must try to negotiate before bringing a claim. If the demand reaches the tenant at least thirty days before the claim and the tenant does not pay before you file it, he or she will no longer be able to stop the eviction by paying afterwards. If there is no agreement, you bring a possession claim for non-payment together with a claim for the rent owed and for the rent that falls due as time goes on. Meanwhile, do not change the locks or cut off the tenant's utilities. Before bringing a claim Send a burofax with certification of content and acknowledgement of receipt, or a formal demand served by a notary, stating the exact amount owed and warning that, if it is not paid, you will bring a possession claim. If it reaches the tenant at least thirty days before the claim and the tenant does not pay before you file it, it rules out reinstatement of the tenancy (“enervación”), which is the tenant's option of paying everything owed once the proceedings have begun in order to stop them. Include a specific proposal for an agreement with a deadline for replying, such as a payment plan, a reduction of the debt or a date for leaving the flat. A letter that only demands payment is not enough as an attempt at negotiation. If the tenant does not reply within thirty days, you can then bring your claim. If you have rent guarantee insurance, notify the insurer of the non-payment within the time limit set by the policy. If there is a guarantor, send the guarantor the demand as well. The claim A possession claim for non-payment is filed, which can include a claim for the rent owed and for the rent that falls due during the proceedings. You need a lawyer and a court agent (“procurador”). The claim must state whether the flat is the tenant's principal residence and whether you are a large-scale landlord (“gran tenedor”). If you are also a large-scale landlord under Catalan law, which has its own definition, you must make an offer of social rent before suing a family at risk of exclusion with no other home, although this is not a requirement for the claim to be admitted. If the tenant is vulnerable, the eviction may be delayed. Since 8 October 2026, if the tenant's vulnerability is economic, the public authorities have two months to pay the debt or provide another home. In the meantime, the proceedings are put on hold. If they do neither, the authorities themselves become the debtor and the tenancy continues. If the tenant has already left and you only want to be paid, you can claim the rent through the “proceso monitorio”, a procedure for money debts that can be started without a lawyer or a court agent. What you must not do Changing the locks, cutting off the electricity or water, entering the flat without permission or removing the tenant's belongings. Even if the tenant owes you money, it may be a criminal offence and it will put you in the wrong when you are in the right. Using the statutory deposit (the “fianza”) to cover the rent while the tenancy lasts. The deposit is settled at the end, when the tenant leaves the flat and its condition has been checked. Letting the months go by. The more the debt grows, the harder it is to recover.