Practice area · Tenancy law
Rental and eviction lawyer in Tenerife
Properly drafted tenancy agreements, recovery of unpaid rent and eviction when there is no other way forward. We advise landlords and tenants in South Tenerife.
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Tenancy agreements for homes and business premises
We draft and review tenancy agreements for homes and business premises under the Spanish Urban Leases Act (LAU). For a main residence, the law gives the tenant mandatory extensions of up to five years (seven where the landlord is a company) and sets the legal deposit at one month's rent, with a cap on additional guarantees. A contract that ignores these rules contains clauses that cannot be enforced later.
We set out in writing the term, rent reviews, the split of costs and utilities, works, the inventory and the grounds for termination, so that each party knows where they stand from day one.
Unpaid rent: claims and eviction
When rent goes unpaid, the first step is a formal, recorded demand to the tenant. If payment does not follow, we file eviction proceedings for non-payment together with the claim for the rent and other sums owed, and see the case through until you actually recover the property.
Current law generally requires an attempt at an out-of-court solution before a claim is filed, and adds further steps where the landlord is a large-scale owner or the tenant is in a vulnerable situation. We assess your case to choose the fastest and safest route.
End of the tenancy, recovering the property and the deposit
We advise on ending a tenancy when the term expires, on recovering a home for the owner's own use where the contract allows it, and on disputes over the condition of the property and the return of the deposit.
Landlords who live outside Tenerife
Many of our clients are non-resident owners. We handle the matter remotely, by video call and email, and act under a power of attorney when a signature or court appearance is needed in Spain. We work in Spanish, English and German.
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How we handle your matter
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First consultation
We review the contract, the payments and the correspondence with the other party, and explain your options and realistic timescales.
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Formal demand
We send a recorded demand claiming payment or performance of the contract, creating the evidence needed for any later proceedings.
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Negotiation or claim
We seek a payment plan or an agreed handover of keys. If that is not possible, we file the claim before the competent court.
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Recovery and collection
We follow the proceedings through to the handover of the property and enforcement of the sums awarded.
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Common mistakes we prevent
Most rental disputes get worse because of decisions taken without advice:
- Using a template contract that contradicts the law and voids the clauses that matter most.
- Changing the locks or cutting off utilities yourself: it can be a criminal offence and damages your claim.
- Letting many months of arrears build up before making a formal demand.
- Accepting part payments or verbal agreements without putting them in writing.
- Failing to document the condition of the property at the start and end of the tenancy.
04 — Expected costs
Expected costs
The cost depends on whether the work is drafting a contract, an out-of-court claim or court proceedings. You always receive a fixed written quote before instructing us.
- Lawyer's fees — fixed written quote according to the type of work.
- Recorded demand (burofax) — cost of the certified delivery.
- Court representative (procurador) — required in eviction proceedings.
- Sworn translations and powers of attorney — only where the client lives abroad.
05 — Documents required
Documents required
With these documents ready, the file can start without delay:
- The tenancy agreement and any signed annexes or extensions.
- The landlord's ID, NIE or passport.
- A list of unpaid rent and proof of the payments received.
- Title deed or a Land Registry extract (nota simple).
- Messages, emails and demands exchanged with the tenant.
06 — Realistic timescales
Realistic timescales
Drafting or reviewing a contract takes a few days. An undefended eviction for non-payment usually takes several months; if the tenant defends the claim or proves vulnerability, it takes longer. We give you a written estimate based on the court that will hear the case.
07 — FAQ
Frequently asked questions
How many months of arrears are needed to start an eviction?
Can the tenant stop the eviction by paying the debt?
I am a tenant and I am being asked for money I do not owe. Can you help?
I live outside Spain. Do I have to travel to Tenerife?
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Other practice areas
Services closely related to rentals.