abogadosenbenalmadena.es

952 56 17 44

albaylunaabogados@gmail.com

Arroyo de la Miel - Benalmadena - Torremolinos

Especialidades

REAL-ESTATE-LAWYER and Experts Eviction Procedures lawyers in Benalmadena
Gavel, keys and eviction notice on a desk — eviction lawyer in Benalmádena | Alba & Luna

Alba & Luna Eviction Lawyers in Benalmádena -Arroyo de la Miel.

Evict non-paying tenants or squatters in Benalmádena — quickly and lawfully.

Remote handling via Power of Attorney. Clear timelines, fixed-fee options, and weekly updates.

Call now: +34 952 56 17 44 WhatsApp a solicitor
20+ years Remote POA Málaga and Torremolinos Courts Landlords & Foreign Owners

What should you do when you rent a property and the tenants stops paying the rent or does not comply with the agreed conditions?.

Be aware there are new requirements to be able to sue a tenant for non-payment under the new Housing Rights Act 12/23.

From Alba & Luna Lawyers, we advise you on the steps to follow to start the eviction or express eviction procedure as soon as possible and just avoid your loss of capital, recovering the ownership of the property.

Call now: +34 952 56 17 44 WhatsApp a solicitor

Alba & Luna Lawyers experts in Eviction Processes.

How we help landlords in Benalmádena

We handle everything end-to-end — notices, court filings, hearings and enforcement — with **remote Power of Attorney** if you live abroad.

Eviction for non-payment (possession + arrears)

We combine the **claim for possession** with a **money judgment** for rent, utilities and late interest — reducing extra procedures later.

  • Formal burofax notice drafted and served correctly
  • Filing in Benalmádena courts with robust evidence pack
  • Negotiation track in parallel to accelerate vacant possession
  • Post-judgment enforcement (wage/bank attachment) if needed

Contract expiry or breach

For **term expiry**, **unlawful sublets**, **illegal works** or chronic breach, we pursue possession with precautionary measures when appropriate.

  • Compliance review of the lease and deposit (Fianza)
  • Evidence from neighbours, meter data and inspection reports
  • Option to claim damages for repairs and loss of use

Illegal occupation (squatters / “okupas”)

We act fast to preserve **police removal** options after recent entry; otherwise, we file urgent civil actions and coordinate enforcement with a locksmith.

  • Ownership proof ready (title deed / Nota Simple)
  • Police liaison, incident reports, and witness statements
  • Immediate securing plan: locks, meters, inventory

Express eviction & urgent measures

Where legal requirements are met, we request **fast-track possession** and, if necessary, interim measures to stop ongoing damage or re-entry.

  • Early filing with correct service address to avoid delays
  • Coordination for a same-day locksmith on enforcement
  • Weekly updates in English; one dedicated case manager

Evidence pack that convinces

We build a clear, dated record to neutralise “I paid” or “disrepair” arguments and to rebut sham-tenancy claims by occupiers.

  • Rent ledger + bank proof; burofax copies and delivery
  • Photos/videos of entry damage; meter readings; alarm logs
  • Neighbour/concierge statements; inventory & key handover

Enforcement that recovers money

After judgment, we trace and attach **wages, bank accounts and deposits**. We also claim **costs and interest** where applicable.

  • Asset checks and targeted garnishment
  • Settlement offers with strict handover terms
  • Monitoring until full satisfaction of the debt

Types of evictions we handle

Eviction for non-payment

Possession order plus arrears, interest and costs. We start with a compliant notice and file promptly to avoid further loss.

Express eviction

Fast-track route where legal thresholds apply. Focus on early court dates and efficient service of process.

Precarious occupation

Occupation without title or after consent is revoked. We prove ownership and lack of lawful right to remain.

Expiry of term / deadlines

Agreement ended and tenant refuses to leave. We demonstrate expiry and recover possession swiftly.

Non-compliance with agreed clauses

Serious breach: unlawful sublet, nuisance, illegal activities or repeated violations triggering termination.

Non-consented works

Unauthorised alterations damaging value or safety. We claim repair costs and secure the property.

Illegal, annoying or dangerous activities

Evidence from neighbours, police reports and community rules supports termination and eviction.

Squatters / “okupas”

Rapid action to preserve police options after entry; urgent civil measures when a court order is required.

Foreign owner? We manage everything remotely.

English-speaking solicitors handling your eviction end-to-end while you remain abroad — Power of Attorney, filings, hearings and enforcement.

  • Power of Attorney arranged with apostille + sworn translations.
  • Service address in Spain: we receive all court notices for you.
  • Clear updates in English via email or WhatsApp, weekly as standard.
Speak to a solicitor today WhatsApp
Do I need to travel to Spain?
Usually no. With a valid POA we handle the entire case. If your attendance would help, we’ll advise early and explore remote alternatives first.
What documents should I send now?
Passport, Nota Simple or title deed, the tenancy agreement (if any), and a short summary of arrears/occupation. We’ll confirm if apostille/translation is needed.

Alba & Luna Eviction Lawyers Benalmádena
Would you like to speak to a lawyer?

Your questions will be answered from the very first moment.
952 56 17 44

Frequently Asked Questions • Evictions in Benalmádena

📌 I live outside Spain — can a Spanish solicitor manage the whole eviction on my behalf with a Power of Attorney? ▾
Yes. With a properly executed Power of Attorney (POA) we can manage evidence, filings, hearings and enforcement without you travelling. We draft the POA, explain notarisation and apostille, and coordinate couriering originals.
Speak to a solicitor: +34 952 56 17 44
📌 What Spanish documents do I need to prove ownership and instruct a lawyer? ▾
Typically: title deed (escritura) or recent Nota Simple, passport, NIE (if available), proof of address, and any tenancy agreement or key-handover record. If something is missing, we can obtain a Nota Simple for you.
Request the document checklist
📌 How will service of court papers work if I reside overseas? ▾
We designate our firm as your Spanish service address and handle notifications. You receive updates by email/phone/WhatsApp. If foreign service is required, we arrange sworn translations and follow the applicable conventions.
📌 Do I need to travel to Spain for court or can everything be handled remotely? ▾
In most cases you won’t need to travel. Your POA allows full representation. If your attendance is ever useful, we advise with notice and explore remote alternatives first.
Ask about full remote representation
📌 Can my community of owners (HOA) help if there are disturbances or unpaid community fees? ▾
Yes. The community can issue warnings, collect evidence (noise logs, incident reports) and pursue fee claims. Their reports support your eviction/illegal-occupation case and help local police address disturbances.
📌 What evidence should I gather? ▾
Photos/videos of entry damage, utility usage records, witness statements (neighbours/concierge), alarm logs, rent ledgers, tenancy agreement, burofax notices and inventory. We provide a straightforward evidence checklist.
Get the Owner’s Evidence Pack
📌 Is it legal to use CCTV or smart devices without breaching privacy laws? ▾
Exterior/communal CCTV must respect signage and privacy rules. Inside the dwelling, covert recording is generally unlawful. Smart meters/alarms are fine, but do not record private conversations. Ask us before placing any device.
📌 Can I cut water/electricity to force people to leave? ▾
No. Cutting utilities to compel departure risks criminal and civil liability. Use the correct legal routes (police where applicable and court action). We can move quickly without risky “self-help”.
Get lawful next steps
📌 What happens if vulnerable people or minors are inside? ▾
Proceedings continue, but authorities coordinate with social services. This may affect timing and enforcement logistics. We plan ahead to minimise delays while staying fully compliant.
📌 Is “cash-for-keys” lawful in Spain and is it advisable? ▾
Negotiated handover is lawful if properly documented and safe. It can be faster and cheaper in specific scenarios. We assess risks, draft settlement terms and supervise handover with a locksmith to avoid re-entry.
Ask for a without-prejudice template
📌 What are the risks of “self-help” eviction (changing locks, entering myself)? ▾
Significant. Unlawful entry or lock changes can trigger criminal complaints and jeopardise your case. Always use police or court enforcement. We arrange lawful possession and immediate lock control the same day.
📌 What address for service should I use if I don’t live in Spain? ▾
Use our firm’s procedural address. Courts and the other side serve us directly, ensuring no missed deadlines. We forward important documents to you electronically.
📌 Will I need sworn translations or an apostille? ▾
Foreign documents (e.g., POA, company docs) may need apostille and sworn translation. We confirm requirements and arrange sworn translators so filings are not rejected.
Send scans for a same-day checklist
📌 What counts as “illegal occupation” and how do I report it? ▾
Unauthorised entry/use without a valid tenancy or consent. If recent entry or in flagrante, call the police immediately and contact us with proof of ownership. Otherwise, we file urgent civil measures and, where appropriate, criminal complaints.
📌 When can the police evict immediately, and when is a court order required? ▾
Immediate police removal may occur shortly after unlawful entry is detected with clear proof of ownership. In other cases, a court order is required. We coordinate with police and file urgent actions to accelerate timelines.
Call as soon as you detect occupation
📌 Can occupiers claim to be tenants to delay the process? ▾
They sometimes attempt this. We rebut with your contract history, payment records, neighbour statements and meter data. Courts can reject sham-tenancy defences where evidence shows otherwise.
📌 How are damages to the property assessed and claimed from illegal occupiers? ▾
We document damage with dated photos/videos, contractor quotes and expert reports, then include claims for repairs, lock changes, cleaning and loss of use. Parallel criminal routes may support restitution.
Request the Post-Recovery Checklist
📌 How many missed payments before I can start eviction for rent arrears? ▾
You can act after the first missed rent if the contract so provides; practically, many owners proceed after one–two defaults. We send a formal burofax and file a combined claim for possession and arrears without delay.
📌 Can I claim all rent arrears, late interest and legal costs? ▾
Yes. We pursue unpaid rent, contractual/statutory interest, utilities owed under the lease, and recovery of legal costs where applicable. We also seek enforcement (wages/bank attachment) if needed after judgment.
Upload your tenancy and rent ledger
📌 What if the tenant alleges disrepair to justify non-payment? ▾
Non-payment is rarely excused. We evidence maintenance responses, inspection reports and communications to neutralise “set-off” arguments. If genuine issues exist, we propose lawful remedies without waiving your right to possession.
📌 What happens if the tenant pays everything before the hearing? ▾
Depending on timing and contract, payment may affect eviction. We structure claims to secure possession and arrears, reducing last-minute tactics from defeating the action unfairly.
📌 How do rent-control or vulnerability arguments affect a non-payment eviction? ▾
Policy defences can affect scheduling and enforcement in limited circumstances. We pre-empt with solid evidence, correct notices and proactive court liaison to maintain momentum while staying compliant.
📌 Can your firm handle everything end-to-end while I’m abroad? ▾
Yes. Alba & Luna Abogados manages strategy, notices, filings, hearings, locksmith attendance and post-recovery securing. You’ll have one dedicated English-speaking solicitor and clear weekly updates.
Call +34 952 56 17 44

Alba & Luna Abogados. Evictions Lawyers Benalmádena – Arroyo de la Miel.

Alba & Luna Abogados. Evictions Lawyers Torremolinos.

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