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Civil

Leases and evictions

We advise landlords and tenants of homes and commercial premises in Barcelona and the rest of Catalonia: the contract, its duration, rent, deposit and the limits in stressed residential market areas. If rent goes unpaid or the lease ends, we bring or defend the eviction and the claim for arrears, always seeking a negotiated solution first.

By Elena Fernández Ruiz, ICAB member no. 43871 · Updated on 14 October 2026

In brief

Who it is for
Landlords and tenants of homes and commercial premises, whether individuals or companies.
Where it is handled
The deposit is lodged with INCASÒL (Catalan Land Institute); evictions and rent claims are heard in a summary trial (juicio verbal) by the court where the property is located.
Minimum term
For residential leases signed since 6 March 2019, five years, or seven if the landlord is a company, through annual extensions that are mandatory for the landlord (art. 9 of the Urban Leases Act).
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

Key points on leases and evictions

  • A deposit of one month's rent for homes and two for other uses; in Catalonia the landlord must lodge it with INCASÒL within two months of signing.
  • For homes, rent is only updated if agreed, once a year and, for contracts signed on or after 26 May 2023, capped at the change in the IRAV index (art. 18 of the Urban Leases Act).
  • Barcelona is a stressed market area: the rent under a new contract cannot, save for exceptions, exceed the previous updated rent, and large landlords are capped by the reference index.
  • In a stressed area, the contract must state the previous rent or the reference index, whether the owner is a large landlord, the purpose, and the habitability and energy certificates.
  • For homes, estate agency and contract formalisation costs are borne by the landlord (art. 20 of the Urban Leases Act).
  • Before suing, an appropriate dispute resolution method must be attempted, for example a documented negotiation or mediation (Organic Law 1/2025).
  • The eviction claim must state whether the property is the occupant's main home and whether the claimant is a large landlord (art. 439.6 of the Civil Procedure Act).
  • In Catalonia, a large landlord must offer a social rent before suing for non-payment if the occupants are at risk of housing exclusion (art. 5.2 of Law 24/2015).

How we help you

  1. We study your case

    We review the contract, payments, deposit, the area where the property is located, and whether either party is a large landlord or in a vulnerable situation.

  2. Formal demand and negotiation

    We send a formal, verifiable demand for payment or for possession and carry out the prior negotiation required by law, seeking an agreement before going to court.

  3. Claim or defence

    We file the eviction claim together with the claim for unpaid rent, or defend the tenant: opposition, stopping the eviction by paying (enervación) or a stay for vulnerability where applicable.

  4. Repossession and recovery

    We follow the proceedings through to judgment and repossession, claim the outstanding amounts and handle the return or use of the deposit.

Frequently asked questions

Can the tenant stop the eviction by paying?

Generally yes, once: by paying everything owed within ten days of the court's formal demand (enervación). This is not possible if the tenant has done so before, or if the landlord made a verifiable demand for payment at least thirty days before the claim and it was not paid (art. 22.4 of the Civil Procedure Act).

How much can the rent go up each year?

For homes, only if the contract provides for it, and once a year. For contracts signed on or after 26 May 2023, the increase cannot exceed the change in the IRAV index published by the National Statistics Institute (INE). These limits have changed frequently, so it is advisable to check the one that applies to each contract and date.

When must the deposit be returned?

When the lease ends, the landlord must return to the tenant the balance of the deposit owed to them. If this is not done within one month of the keys being handed back, that balance accrues statutory interest (art. 36.4 of the Urban Leases Act). If there is a dispute, we can negotiate or claim it.

Legislation

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