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How to protect yourself from non-payment of rent?

Evictions shoot up 40.6% in 2021, according to the CGPJ.

One of the most important risks suffered by the brick business in Spain are non-payments, evictions and possible squats. This problem is not new. However, before Covid, squatters predominated compared to tenants who had defaulted on lease contracts.

From 2020 to the present, defaults have had a boom related to the economic blow that Spain suffered with the pandemic. In Madrid, families, businesses and companies are still recovering the stability they had before 2020. In many of the cases of non-payment, tenants in default are experiencing this prolonged instability due to the Covid crisis. Therefore, we must protect our real estate and our subsequent income even more than we have in the past.

The number of evictions carried out in 2021 amounted to 41,359, a figure 40.6% higher than that of 2020 but 23.4% below that of 2019, before the pandemic, as reported by the General Council of the Judiciary ( CGPJ) , which has specified that these data do not only affect homes, but also other properties.


If unfortunately you are in this terrible situation of dealing with a delinquent tenant, in this article we will explain how to carry out a housing recovery process and we will tell you approximately how long it takes , because one of the main problems is that these processes are taking longer every day the demand for housing recovery petitions.

How to protect yourself from a possible default? 2022

procedimiento legal para un desalojo en Madrid

4 Steps to Protect Your Property:

To prevent any default or have an uncomfortable confrontation with your tenant, we recommend that you follow this methodology by following 4 simple steps that will provide you with financial and legislative security and peace of mind. If you are interested in more about our methodology you can watch this video. 

1- Subjective filtering

At Geräh Real Estate Partner s we always comment that the filtering process of a potential tenant starts from the first call, this stage is called subjective filtering. It is impossible to determine the economic solvency of a person through a call or a face-to-face meeting. However, we can be attentive to actions, comments and attitudes that can give us indications of a possible defaulter or difficult tenant.

You have to be attentive to whether a tenant is in a hurry to move or wants to pay many months or even a year in advance as has happened to us. It is better to receive your monthly money in a stable way than a single transaction for the whole year and that the following year the delinquency problems begin.

The next step that I will tell you about to protect your property comes after the subjective filtering. This process is called objective filtering.

2- Objective Filtering

In the real estate world, data is your best friend. Specifically those of the economic field, since to determine whether or not a tenant can afford the cost of living in our apartment, we must carefully carry out a solvency study of each person who is going to move into our property. For example, in the case of people who work for someone else, we will request the employment contract and the last 3 pay slips.

Many of you will know how to calculate the price of the property and the income of the new tenants. However, there is a very simple formula that greatly reduces the percentage of potential defaulters.

This formula is: the net income of the people who are going to rent a new property must be 2.5X times the rental price of the property. That is, if in your case you own a flat of 1,200 euros per month. You must look for tenants who together make at least 3,000 euros net.

We have heard of many cases that by renting quickly, they hand over the keys to tenants whose rent would amount to more than 60% of their income, so the risk of default is much higher than in any other case.

We recommend waiting for a tenant who meets all the requirements and we do not recommend renting your apartment quickly to someone who can barely afford the rent, or that it will take a very large cut in their payroll.

2- Trusted Insurer

At Geräh Real Estate we have a premium Comprehensive Rental Management service with guaranteed income , so we take care of all incidents and administration of a property, including evictions or non-payment problems. However, we have our backs in the economic sense, since we have several insurers that guarantee us the monthly payment of your property in the event of non-payment, eviction or squatting.

This insurance service is not only for real estate agencies, you as an individual can also opt for one at a very affordable cost. It is better to have it and not need it than not to have it and need it!

Get in touch with your trusted insurer and request this service against non-payment or contact us directly and we will help you.

3- Have a lawyer @ in the rear. But don’t forget to try to negotiate with the delinquent tenant first

Unfortunately, no matter how much one prepares or takes the appropriate measures, it is true that a default can still occur, since it is an action that comes from the will of the tenant. To be even more protected, we must meet and contact a lawyer specialized in evictions and housing recovery.

He/She will be your best guide in each and every one of the parts of the process. In our team we have expert lawyers in evictions and also skilled in negotiation who often manage to recover the home without having to resort to a trial.

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How long does a housing recovery take legally?

If you were not able to recover the house through negotiation, you will have to file an eviction lawsuit. Once this is done,  vacating the home according to the law should take between 3 and 4 months, if it is favourable. However, these “express evictions” were possible to achieve before Covid. Unfortunately today in reality these deadlines are not handled. They end up being processes from 6 to 18 months.

This reality comes as a consequence of the Covid, since families that cannot pay their rent enter a protection process for which the cases are much more meticulous and rigorous, since the delinquent family is protected more than the owner of the property. Currently, Spanish legislation is not very effective in resolving these cases quickly, so at Geräh Real Estate Partners we fully recommend hiring a prestigious real estate company that provides you with Comprehensive Rental Management with guaranteed income so that you are 100% protected. .


Clients rate us on Google with 4.9/5 after more than 6 years of providing our comprehensive rental management services with guaranteed income. We currently manage more than 350 homes in Madrid.

Our success is the success of our clients. Click here and get free real estate advice online or in person:

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