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Unpaid rent in Spain: options for landlords abroad

General information only, not legal advice.

Two claims

Eviction for non-payment can be combined with a claim for the arrears. If the tenant has already left, arrears can be claimed through a payment order or ordinary proceedings.

Tenant may cure

In eviction for non-payment the tenant can cure the default by paying before the legal deadline, with the exceptions in the Act.

Guarantees

Check the deposit, any bank guarantee and whether a guarantor is jointly liable, since a non-joint guarantor can invoke the benefit of discussion.

Legal basis. Arts. 22.4, 438.3 LEC, arts. 1830 and 1831 Civil Code

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