In 2025, eviction procedures in Spain have undergone a major legal shift following a landmark decision by the Constitutional Court.
The Constitutional Court Ruling 26/2025 (STC 26/2025) (see full text in BOE) annulled key parts of Spain’s Housing Law 12/2023, removing several procedural obstacles that had been imposed on large landlords, such as investment funds, banks and SOCIMIs, when seeking to evict tenants or occupants in vulnerable situations.
This decision significantly strengthens landlords’ rights to judicial protection and streamlines eviction proceedings in 2025, restoring balance between the constitutional right to private property and the right to housing.
Below we explain the previous legal framework, the major changes introduced by STC 26/2025 for large landlords (and also small private owners), and the practical implications for eviction and foreclosure procedures in Spain this year.
Background: The 2023 Housing Law and Pre-Eviction Requirements
The Spanish Housing Law 12/2023, of 24 May (BOE link) introduced extensive tenant-protection measures, especially for individuals classified as economically vulnerable.
Among its provisions, it imposed additional procedural hurdles on large landlords (defined as those owning more than 10 properties nationwide, or in some regions more than 5). These owners were required to complete two pre-litigation steps before filing an eviction or foreclosure action:
1. Vulnerability Report:
Before suing, the landlord had to obtain a recent report from local or regional social services determining whether the occupant was in a vulnerable situation. This report expired after 3 months and required the tenant’s consent.
2. Mandatory Mediation or Conciliation:
If the tenant was found to be vulnerable, the large property owner also had to engage in a conciliation procedure before an authorised body, exploring alternatives such as social rent or rehousing.
Courts would not even admit eviction or foreclosure claims unless both requirements were met, effectively delaying access to justice for property owners.
In practice, these steps caused at least two months of delay, often longer, before landlords could file their claim. Many municipalities lacked mediation bodies, forcing landlords to submit requests “for the record” and wait indefinitely.
The result: while aiming to protect vulnerable tenants, the law imposed disproportionate burdens on property owners, hindering their ability to recover possession.
STC 26/2025: The Constitutional Court Strikes Down Vulnerability Barriers
Following a challenge filed by 136 MPs from the Popular Group, the Constitutional Court issued Ruling 26/2025, of 29 January 2025 (BOE publication, 28 Feb 2025).
The Court declared unconstitutional and null the provisions of the Civil Procedure Act (LEC) that required landlords to submit a vulnerability report and proof of prior mediation, specifically, art. 439 (6.c and 7) and art. 655 bis (1 and 2) (BOE LEC text).
From 1 March 2025, Spanish courts no longer demand these documents for eviction or foreclosure claims filed by large landlords.
Why were these requirements annulled?
The Court held that these measures violated the constitutional right to effective judicial protection under Article 24.1 of the Spanish Constitution (see text).
Forcing property owners to prove the tenant’s vulnerability placed an unreasonable and disproportionate burden on them, as this is a personal circumstance of the defendant. The Court ruled that protecting social vulnerability cannot come at the expense of restricting access to justice.
While social assistance to vulnerable persons is legitimate, the Court clarified that such protection should be ensured by public authorities during the judicial process, not by creating barriers that prevent owners from filing claims.
By removing these procedural filters, STC 26/2025 restores equilibrium between the right to property (Art. 33 CE) and the right to housing (Art. 47 CE), reaffirming that public housing policies cannot undermine basic judicial rights.
Key Changes for Large Landlords
For banks, investment funds, real-estate companies and servicers managing large portfolios, the ruling provides immediate relief.
From March 2025 onward, they no longer need to:
- Prove tenant vulnerability;
- Undergo prior mediation or conciliation;
- Wait months before filing eviction or foreclosure actions.
Now, eviction lawsuits can be filed directly for non-payment, contract termination or illegal occupation, without attaching social-service reports or social-rent proposals.
The main consequences are:
1. Simplified Eviction Filings:
Claims are admitted under standard LEC rules, no additional documents or certificates required.
2. Faster Procedures:
Eliminating pre-litigation steps shortens eviction initiation by roughly 2 months, reducing unpaid rent accumulation and legal uncertainty.
3. Reinforced Property Rights:
The decision restores legal certainty and strengthens the balance between landlords’ property rights and tenants’ housing rights. Vulnerable tenants remain protected through judicial coordination with social services — not through mandatory delays imposed on owners.
In essence, large landlords return to normal procedural conditions, enjoying equal treatment before the courts and effective access to justice.
INDIRECT EFFECTS FOR SMALL LANDLORDS
While the annulled provisions only applied to large landlords, the decision also clarifies and unifies eviction procedures for all owners.
Small private landlords were already exempt from these requirements under the 2023 law, but now no landlord, large or small, faces unequal procedural treatment.
However, some formal obligations remain in force. When filing a claim, landlords must still indicate:
a) whether the dwelling is the tenant’s main residence, and
b) whether they qualify as a large landlord.
If not, they must provide a Land Registry certificate confirming their property holdings (fewer than 10 homes), ensuring transparency and proper classification.
Regarding vulnerable tenants, courts will still notify social services if vulnerability is alleged or proven during proceedings, as per art. 441.5 LEC. This may lead to temporary suspension of eviction while public authorities arrange alternative accommodation — but such intervention now occurs within the judicial process, not as a precondition to filing suit.
Thus, small landlords’ rights are unaffected or even strengthened: they retain direct access to court while the State assumes responsibility for social protection measures.
Legal Assistance for Landlords, Quikprokuo Abogados
Whether you are a large property holder managing multiple assets or a private landlord with a single rental, these legal updates may affect your current or future eviction cases.
At Quikprokuo Abogados Inmobiliarios — experts in Spanish property and eviction law — we provide specialised legal advice to safeguard landlords’ rights against non-payment, illegal occupation (okupas), or other tenancy disputes.
Our experienced eviction lawyers in 2025 ensure that your case is handled efficiently, lawfully, and with the highest standards of legal protection.
Contact us today to review your case and recover your property with confidence.
At Quikprokuo, we work to make effective judicial protection for property owners a practical reality in Spain.
