Court Makes Eviction Easier

The Tribunal Supremo in Madrid has ruled on the controversial issue of non payment of rent and eviction.  Up till now, non payment of rent did not necessarily involve the eviction of the tenant, however the new ruling states that if the tenant is late with a second payment then this will constitute eviction.  There are a couple of conditions that must be met for this to happen:

1. The landlord must have already sued the tenant once
2. Provided that the lease provides for a maximum period of payment

Experts advise that legal advice should be sought when drawing up new rental contracts to ensure that they meet the necessary criteria.

The decision is welcomed by property owners as previously the rental laws were seen to be very favourable towards the tenant, leaving the landloerd with little recourse to action.  It is thought that this move may also further help to stimulate the property rental market.

The ruling will not apply to majority of the rental market in the south of Tenerife as most properties are let out on a tourist basis.  Expat tenants and landlords, however, should take note and check the wording of their leases.