What is an express eviction and how long does it really take?

Question

José Manuel Alburquerque · Accepted Answer

There is no procedure with that name in the law. The term is usually applied to the eviction for non-payment as regulated by the 2011 and 2013 reforms, in which the court gives the tenant ten days to pay, leave or oppose the claim and sets straight away the date of the eviction by the court bailiffs (the “lanzamiento”), the day on which the flat is handed back to the owner, in case the tenant does nothing. The term is also sometimes used for the fast-track procedure against squatters, which cannot be used against a tenant who stops paying. The express part is the procedure, which is only quick if the tenant does not oppose the claim and is not vulnerable. How long it really takes depends above all on the court and no timescale can be taken for granted. What is called an express eviction The eviction for non-payment. Once the claim has been admitted, the court requires the tenant, within ten days, to pay, leave the flat or oppose the claim. If the tenant does nothing, the court brings the proceedings to an end without holding a hearing and the eviction takes place on the date already set. Termination of a tenancy agreement registered with the “Registro de la Propiedad”, the Land Registry. If the contract is registered and it was agreed that it would terminate on non-payment, a judicial or notarial demand that the tenant does not answer within ten working days is enough. That terminates the contract, but if the tenant does not leave, you still have to ask the court to remove him or her. It is hardly ever used, because few contracts are registered. The fast-track civil route and the fast-track criminal trials against squatters. Neither can be used against a tenant who stops paying, because he or she came in under a contract. How long it really takes Before the court dates, you have to allow for the attempt at negotiation required before the claim, in which the tenant has thirty days to reply. After that, what delays the eviction most is the following: The tenant cannot be found to be served with the claim. The tenant opposes the claim, applies for legal aid (“justicia gratuita”) or appeals against the judgment. The tenant is vulnerable. The judge can suspend the eviction for a few months while the social services intervene. Since 8 October 2026, in evictions for non-payment, the public authorities also have two months to pay the debt or provide the tenant with another home. In other cases, the suspension can last up to three years. The workload of each court. What helps to keep it short Sending the “burofax” (a certified letter with proof of content) with the formal demand for payment and a proposal for an agreement as soon as rent goes unpaid. Preparing the claim while the negotiation period is running, so that it can be filed as soon as that period ends. Offering in the claim to waive the costs and part of the debt if the tenant leaves the flat by a given date, which can bring the proceedings to an earlier end.