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No an owner cannot evict without using a legal route. Below are a list of things a landlord can and cannot do. This advice is in relation to long term rentals and habitual residence. It is advisable for both landlord and tenant to register the rental at the ‘registro de propiedad’ to uphold their rights. For the tenant it would offer protection in case the property is sold as the new owner would be obliged to honour the existing rental agreement. If the rental contract is not registered at the ´registro de propiedad´ the new owner can terminate it, giving 3 months notice.
Update 2019. Amendment Rental Law, changing things re necessity registration of rental contract with Registro de Propiedad.
For the landlord
“In the case of leases of urban property registered in the Land Registry, if it had been stipulated in the contract that the contract will be resolved for lack of payment of the rent and that in that case the property must be immediately returned to the landlord. This once the landlord has notified the tenant at the address designated for the purpose in the inscription, requesting payment or compliance, and the tenant has not answered the request within ten following business days, or responds by accepting the resolution of Full Right, all through the same judge or notary who made the request¨.
Landlord Cannot:
1. Enter the property.
2. Change the locks.
3. Threaten the tenants.
4. Cut off the water or electricity.
5. Force eviction.
Landlord can:
On non payment of rent for 30 days (It is of benefit for the landlord to have registered the rental).
1. Write notice to tenants to vacate the property for breaking the contract.
2. Seek legal advice immediately.
3. Follow the instructions above if the rental is registered at the land registry or follow advice of lawyer.
4. Obtain an eviction order which must be served on the tenant.
