When rent is unpaid, it is advisable to review the agreement, reconstruct the debt and check the requirements of the action you intend to bring. Claiming rent and recovering possession are not exactly the same thing. Nor are all tenancies or all landlords in the same legal position.
Identify the agreement and the debt
Gather the agreement, annexes, rent receipts, deposit and correspondence. Distinguish use as a main home from other uses and situations that may require a different regime. The agreement's date and any amendments may be relevant.
Prepare a monthly breakdown showing the due date, agreed amount, payments received and outstanding balance. Separate rent from utilities and other expenses: grouping everything into one overall figure is not enough. Check which obligations were validly agreed and how each item can be evidenced.
Review previous correspondence
A formal demand must have clear content and adequate evidence of dispatch and receipt. Its effects may be relevant to different procedural issues, but not every message serves every purpose.
Before bringing proceedings, examine any applicable requirements for prior negotiation or appropriate dispute resolution methods, together with the exceptions and rules on evidence of compliance. A generic demand for payment must not be confused with automatic compliance with every procedural prerequisite.
Particular points to check in Catalonia
The landlord's status, the property's characteristics and current housing legislation may require additional checks. The applicable national and regional rules, possible protective procedures and temporary provisions in force when action is taken must also be reviewed.
Vulnerability must not be presumed or ruled out on the basis of a personal impression. It is also unwise to use an old template without checking whether it requests the information and documents required at that time.
What you should not do yourself
Changing locks, cutting off utilities or entering without permission may give rise to liability. Non-payment does not provide general permission to physically recover the property outside the appropriate procedure.
If an agreement is reached, specify amounts, dates, the handover of keys and the consequences of non-compliance. Review its scope before signing waivers or accepting a handover that leaves uncertainty about the property's condition and possession.
Frequently asked questions
Does a single unpaid month allow any procedure to be used?
No. The unfulfilled obligation, agreement, action and its requirements must be assessed, without promising an outcome based on the number of unpaid receipts.
Does sending a burofax guarantee that a claim will be admitted?
Not by itself. The content, receipt and legal conditions required for the specific action matter.
Consult our civil law service with the agreement and a detailed debt breakdown. This guide does not determine the requirements of a particular claim or a timetable for recovery.
