The tenancy was fine until it wasn't: your tenant doesn't pay and with each month you lose rent, patience and value. This guide walks through the real steps of the non-payment process —what works, what's prohibited and what timelines to expect— and the strategic choices: recover, renegotiate or sell.
First: what you CANNOT do
No matter that the property is yours: do not change the lock, cut the electricity or water, enter without permission or pressure with intimidating visits. Any of those actions can lead to criminal charges (coercion or trespass) and strengthen the defaulting tenant's position. The route is legal, and it works better the sooner it is activated.
The step-by-step path
1. Reliable formal claim (week 1)
Burofax with acknowledgement demanding the unpaid rent. It serves as evidence, disrupts the complacency of “I’ll pay you later” and is a practical prerequisite for what follows. Many arrears are resolved at this stage.
2. Eviction claim for non-payment
Filed with a lawyer and court agent (procurador). The court summons the tenant, who can pay everything owed and stop the process once (enervation, only if there was no prior demand older than 30 days), oppose it, or fail to respond. If they neither pay nor contest, a eviction date is set.
3. Eviction and claim for arrears
The eviction is carried out with a judicial officer. The owed rent is claimed in the same proceeding and can be executed against the debtor's assets if there are any. Real total timelines: several months in the best case; longer if there is opposition or if the court detects vulnerability situations.
Meanwhile: strategic decisions
Renegotiate? Sometimes a negotiated haircut or agreed exit costs less than the full procedure. Insure? For next time: rent guarantee insurance (covers rents and legal defence) and strict tenant screening, which is where these cases are won. Sell? If the tenancy has exhausted you, that's legitimate: you can sell once the contract ends, or even while the process is underway — we explain this in the guide to selling an occupied house, which also covers squatting by tenants.
The calculation that orders everything
Monthly lost rent + fixed costs + estimated procedure costs, versus the current sale value of the property and the real yield the tenancy was giving you. With that calculation, deciding whether to hold on, renegotiate or sell ceases to be an act of anger. At Mayrasa we give you a free market valuation and, from our advisory service, guidance for the rest. Act quickly: in arrears, time always works for the one who doesn't pay.
