Unpaid rent in Spain: the formal demand letter to your tenant
If your tenant stops paying, the first step under Spanish law is a reliable written demand for the overdue rent. Sent at least 30 days before you file for eviction, it stops the tenant from halting the case simply by paying at court. This template generates that letter in Spanish and we deliver it by certified email.
Spanish template: Requerimiento de pago de rentas impagadas previo al desahucio
What this letter is
In Spain a landlord can terminate a residential lease and claim eviction from the first unpaid month (article 27.2.a of the Urban Leases Act, LAU). However, the tenant can normally stop the eviction by paying everything owed once the case has started. Spanish lawyers call this enervación.
That option disappears if the landlord demanded payment by a reliable means (fehaciente) at least 30 days before filing the claim and the tenant had not paid by then (article 22.4 of the Civil Procedure Act, LEC). This letter is that demand: it states the exact amount, opens the payment period and leaves proof of what was sent and when.
A burofax is the usual way to send it. Probalex sends it as certified email and gives you a certificate of content, sending, delivery and opening issued by Lleida.net, a trust service provider.
When to use it
- Your tenant owes one or more months of rent that are already due
- Before filing an eviction claim for non-payment, so the tenant cannot stop it by paying at court
- The tenant has not paid amounts the lease passes on to them: utilities, IBI property tax or community fees
- You want the exact debt and a fixed date of demand in writing
- To interrupt the limitation period for the overdue rent while you decide whether to go to court
What information you need
The guided form asks for the following. Field labels in the form are in Spanish (shown in italics): write names, amounts and dates as they should appear in the letter, and any free text in Spanish. You will also need the recipient's email address.
- City where the letter is issuedCiudad de emisión
- Date of the letter, written out in full (e.g. 14 de septiembre de 2026)Fecha de emisión
- Your reference for the case (e.g. the property address)Referencia del expediente
- Landlord's name or company name (the sender)Nombre o razón social del arrendador (quien reclama)
- Landlord's DNI, NIE or CIFDNI / NIE / CIF del arrendador
- Landlord's address for noticesDomicilio del arrendador a efectos de notificaciones
- Tenant's full nameNombre completo del arrendatario (inquilino)
- Tenant's DNI or NIEDNI / NIE del arrendatario
- Full address of the rented homeDirección completa de la vivienda arrendada
- Date of the leaseFecha del contrato de arrendamiento
- Monthly rent agreed (€)Renta mensual pactada (€)
- Unpaid months, with amount and due date of eachMensualidades impagadas
- Other amounts owed under the lease (optional)(optional)Otras cantidades adeudadas (opcional)
- Exact total owed (€)Importe total adeudado (€)
- Payment period in calendar days (30 for article 22.4 LEC)Plazo para el pago (días naturales)
- How to pay (e.g. bank transfer to your IBAN)Forma de pago
- Name and, if applicable, position of the person signingNombre y, en su caso, cargo de quien firma
What the letter says
Summary in English. The letter you send is in Spanish.
- Facts
- Identifies the lease, the property and the monthly rent, lists every unpaid month and any other amounts owed, and states the exact total. It reminds the tenant that non-payment is grounds for terminating the lease (article 27.2.a LAU).
- Demand for payment
- Formally demands payment of the total, plus any rent that falls due in the meantime, within the period you choose, by the payment method you give.
- Warning
- If the tenant does not pay in full, you will file an eviction claim for non-payment together with a claim for the money owed. It tells the tenant expressly that, under article 22.4 LEC, they will no longer be able to stop the eviction by paying later.
- Attempt to settle before going to court
- Offers a negotiated solution within the same period (payment, or voluntary return of the property with a settlement of what is owed), as required by Organic Law 1/2025 before most civil claims.
- Effects
- States that the letter is the reliable demand of article 22.4 LEC and that it interrupts the limitation period for the rent claim.
Before you send it
- Claim the exact amount. A demand for more than is really owed may not be enough to prevent the tenant from stopping the eviction by paying.
- Give 30 calendar days and wait until they have passed before filing the claim.
- You need the tenant's email address: delivery is by certified email.
- If the property is a shop, office or other commercial premises, use the commercial version of the template (in Spanish).
Legal basis
Article 27.2.a of Law 29/1994 on Urban Leases (LAU); articles 22.4, 250.1.1 and 438.5 of Law 1/2000 on Civil Procedure (LEC); articles 1966 and 1973 of the Spanish Civil Code; articles 5 and 10 of Organic Law 1/2025.
Template for guidance only. We recommend review by a lawyer before sending. Probalex does not provide legal advice.
Frequently asked questions
Can I write the letter in English if my tenant is English-speaking?
The template generates the letter in Spanish, and we recommend keeping it that way: if the case goes to a Spanish court, a letter in another language may need a sworn translation. You can always send your tenant an informal translation separately.
How long do I have to wait before filing for eviction?
Article 22.4 LEC requires the demand to be made at least 30 days before the claim is filed. That is why the template suggests a 30-day payment period: file once it has passed without full payment.
Does this letter terminate the lease?
No. It demands payment and warns of the eviction claim. Termination of the lease and eviction are decided by the court if the tenant does not pay.