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Do not wait for the debt to grow. Every month you delay is money permanently lost from your assets.
Property law and the Urban Tenancies Act (Ley de Arrendamientos Urbanos) are strict regarding deadlines and formal notices. A procedural error when pursuing the debt can delay the process by months.
Our firm handles all pre-litigation and court proceedings so you never have to deal directly with the occupant. We act decisively across Málaga city centre, Marbella, Vélez-Málaga and the entire Costa del Sol.
Where rent has not been paid, we file what is known as the desahucio express (fast-track eviction). Once the claim is submitted, the court grants the defaulting tenant ten days to pay the outstanding rent or vacate the property.
Designed to recover possession when someone occupies your property without a tenancy agreement and without paying any rent (family members, expired licences or unauthorised occupants). We establish your ownership and seek immediate vacant possession.
Our goal is not only to recover your property. We include in the eviction claim the seizure of bank accounts and wages to recover the outstanding rent, as well as any utility bills — electricity or water — that the landlord has had to cover.
To guarantee a successful outcome in recovering your assets, we apply a factual and transparent methodology:
1. Formal demand notice
We send a certified letter (burofax) demanding payment of the outstanding rent. This step prevents the tenant from exercising their right to pay at the last minute and halt the eviction proceedings.
2. Filing the claim
We submit the court action providing the tenancy agreement, the title deeds and the certificate of arrears.
3. Court admission and service of proceedings
The court notifies the defendant, giving them ten days to contest the claim. If no opposition is filed, we proceed directly to the final stage without the need for a hearing.
4. Court-enforced eviction
We execute the eviction order with the court bailiff and a locksmith, restoring physical possession of your property or commercial premises to you.
To move forward as quickly as possible from the outset, you only need to send us the following information and documents by email. We take care of everything else:
An eviction procedure for non-payment in the Courts of Málaga typically takes between 3 and 6 months from the filing of the claim to the enforced eviction, although timescales vary depending on the court’s caseload. The desahucio express (fast-track eviction) for non-payment can shorten these timescales. Our specialist eviction lawyers in Málaga manage the entire process to recover your property as quickly as possible.
The fees of an eviction lawyer in Málaga depend on the complexity of the case. As a guide, an uncontested eviction for non-payment of rent may cost between €800 and €1,500 in legal fees. If the court orders the defaulting tenant to pay costs, the landlord may recover part or all of these expenses. At Orozco y Asociados we offer an initial case assessment consultation.
Yes. An eviction claim for non-payment of rent allows you to simultaneously claim all outstanding amounts owed (rent arrears, utility bills, damage to the property). Our eviction lawyers in Málaga always include the rent recovery claim within the court action to maximise the landlord’s financial recovery.
In an eviction for non-payment, the tenant may exercise their right to halt the proceedings (enervar la acción) by paying the outstanding rent before the hearing, but this can only be done once. If they have previously exercised this right, or if the tenancy was terminated for another reason, payment will not halt the proceedings. It is essential to have a specialist eviction lawyer to advise you on the specifics of your case.
Our lawyers will review your case with no obligation. Stop losing money and recover your property with the strongest legal guarantees.
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