Six Years Unpaid Rent: Tenant Declared Vulnerable, Owner Sells Flat

Six Years Without Collecting Rent and the Tenant Remains

Sonia Román rented out a furnished three-bedroom apartment with two garage spaces in Vigo in 2014 for €450 per month. The tenant, a friend of her brother, paid during the first few years and requested some renovations that the family covered. In 2019, he stopped paying rent and utility bills. Since then, the owner has accumulated favorable rulings, tenant appeals, and administrative suspensions that have turned the recovery of her property into an obstacle course lasting more than half a decade.

This story is not an isolated case, but it is an extreme example of how an eviction for non-payment gets stuck. What began as a contract between acquaintances ended at the Supreme Court, in insolvency proceedings, and with the tenant declaring vulnerability under Royal Decree-Law 11/2022. The flat remains occupied. The owner has already listed it for sale at €240,000 and announced she will never rent again.

From the 2019 Lawsuit to the Supreme Court: Chronology of an Impossible Eviction

The first eviction attempt was filed in 2019. The trial was set for February 2020, postponed due to the tenant's health issues, and delayed again by the pandemic. The hearing took place in July 2020, and a judge ordered the eviction. The tenant appealed to the Provincial Court, which ruled in favor of the owners in November 2020. He appealed again, and in October 2021 the Supreme Court upheld the ruling and ordered the eviction.

In January 2022, three years after the first missed payment, the family initiated the eviction process. It was suspended because the tenant declared insolvency. The civil court referred the case to the commercial court. The owner's lawyer appealed and prevailed in late 2023. During this process, it was discovered that the debtor had not included the owners in the insolvency proceedings, allowing them to recover €10,000 of the debt.

The Vulnerability Royal Decree That Blocks Evictions

A second eviction attempt was filed in January 2024. It was suspended because the tenant invoked Royal Decree-Law 11/2022, which halts evictions for households deemed vulnerable. From that point on, the judicial route closed, and the owners focused their efforts on claiming the compensation offered by the Xunta (regional government) for landlords facing non-payment situations. This month they won that legal battle again and expect to collect the €7,000 owed to them.

The owner argues that the royal decree is a "major problem" and that there is nothing more they can do. "I will never rent again," she states. She has listed the flat for sale through Remax Balaídos real estate agency for €240,000 and joined Aprovij, an association of property owners against legal uncertainty. Her closing argument: "We are not responsible for vulnerable people; that is the State's duty."

Why Owners Stop Renting Out Properties

The Vigo case illustrates an effect repeated in the rental market: when the cost of recovering an occupied property exceeds the cost of keeping it empty, some owners choose to withdraw the asset from circulation. The owner has put the flat up for sale. Other owners consulted in specialized forums describe similar strategies: requiring bank guarantees for several months, purchasing non-payment insurance, or simply refusing to rent.

Some argue that the issue is not the protection of vulnerable tenants, but the lack of public housing alternatives that prevent shifting the cost to landlords. Counter-arguments state that without legal certainty, the rental supply shrinks and prices rise for those remaining in the market. According to this view, the result is a vicious cycle: fewer available flats, higher rents, and increased pressure on owners who continue to rent.

Rental Prices and the Shadow of Non-Payment

The original contract was signed in 2014 for €450 per month for a furnished three-bedroom flat with two garage spaces in Vigo. A figure that, given current prices, is difficult to find in the market. This difference between what was agreed upon and what the same property would be worth today is one of the keys to the case: the landlord who rents cheaply and then does not get paid accumulates a double loss, that of the income and the opportunity cost.

The recognized debt amounts to €7,000, plus the €10,000 recovered via insolvency proceedings. In total, over €17,000 in unpaid amounts, excluding utility bills and legal costs from six years of litigation. The owner has announced she will not rent again. Meanwhile, the flat remains occupied and is listed for sale.