How long does an eviction take?

It depends on the court's workload, on whether the tenant opposes it and on whether there are circumstances of vulnerability that could suspend or postpone the removal. There is no fixed timescale; after reviewing the lease and the situation, we give you a realistic estimate for each stage.

What is an 'express eviction'?

There is no procedure with that name. It is the colloquial term for eviction for non-payment, which is dealt with through the verbal proceedings and moves faster than an ordinary trial. How long it actually takes depends on the court and on the tenant's response.

Can I change the locks if the tenant does not pay?

No. Even if rent is unpaid, the landlord cannot take back possession on their own: changing the locks, cutting off utilities or removing the tenant's belongings can have criminal consequences. Recovering the property requires a court decision.

Do I have to get my deposit back?

Yes. When the lease ends, the landlord must return it, deducting only proven damage or outstanding amounts. If it is not returned within one month of handing back the keys, the amount accrues statutory interest. In Catalonia, the landlord must also have lodged it with INCASÒL.

How much are your fees?

They depend on the type of proceedings and on whether the claim is opposed. Before we start, we give you a fixed written quote setting out the work included.

Eviction lawyer in Barcelona

Unpaid rent, the end of a lease or an occupied home can all lead to an eviction. Landlords and tenants have rights and deadlines that are worth knowing from the outset. At Antonio Galiano Legal, a law firm in the Sant Andreu district of Barcelona, we advise both sides in tenancy disputes, from the first demand for payment to the trial.

Evictions for unpaid rent and rent arrears claims
Defence of tenants in eviction proceedings
Deposits, end of lease and disputes during the tenancy

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How an eviction works

Evictions are brought before the court of first instance where the property is located, through the verbal proceedings (juicio verbal). Before filing a claim, a demand for payment is usually sent so that there is a record of it. In evictions for unpaid rent, the tenant can, in some cases and only once, halt the proceedings by paying what is owed.

Since Law 12/2023 on the right to housing, evictions from a main residence are subject to additional requirements in certain cases, for example depending on whether the tenant is in a vulnerable situation or whether the landlord is a large-scale owner. These must be checked before filing the claim, because they can affect how it proceeds.

If you are the landlord

Unpaid rent. We review the lease and the debt, send the demand for payment and, if there is no payment or agreement, file the eviction claim together with the claim for the rent.
End of the lease. We check whether the lease has actually ended, taking into account the extensions provided for in the Urban Leases Act.
Home occupied without a legal title. We assess whether the civil or the criminal route is more suitable, depending on the circumstances.

If you are the tenant

You have received a claim. We check whether it meets the requirements, whether paying can halt it and what time limits you have to respond.
Vulnerable situation. We explain what protection the law provides and how to prove it.
Deposit. When the lease ends, the landlord must return it, deducting only what is due. In Catalonia, the deposit is lodged with INCASÒL.

What we handle

Eviction for non-payment
Eviction at the end of the lease
Eviction of occupants without a title or by permission (precario)
Claims for unpaid rent and utilities
Defence of tenants who have been sued
Return of the deposit
Review and drafting of tenancy agreements
Disputes over works, repairs and rent updates

How we work

We review the lease first. Almost everything depends on what was signed and when it was signed, because the applicable law changes.

We try to reach an agreement. An agreement on the debt or the moving-out date can save both sides time. If that is not possible, we go to court.

We tell you what to expect. We explain the steps and what may happen at each one, without promising timescales that depend on the court.

Who handles your case

Antonio Galiano Ortega, a lawyer registered with the Barcelona Bar Association (Il·lustre Col·legi de l'Advocacia de Barcelona) under number 48.015. The office is at Carrer de Portugal, 3, in the Sant Andreu district. We work in Barcelona, Badalona, L'Hospitalet de Llobregat and the metropolitan area.

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