In Spain, it is common for friends, relatives, or even trusted acquaintances to allow someone to live in their property without signing a rental contract. Legally, this type of arrangement is known as a “comodato”. A comodato is a loan for use:
the owner allows someone to stay in a property for free, normally on the understanding that the occupation is temporary and revocable.
This article is about when the owner/s of the property no longer wish the occupant with “comodato” to have use of the property. However, the situation can also work in reverse when partners (not married or a common law partner) live in their partner’s house). In this situation, as an aside, if you are living in a house without any contract but you want to have some rights in the future it is better to have something in writing and we can assist with a simple agreement between parties.
A comodato:
-Does not involve rent
-Does not require a written contract
-Exists purely through permission to occupy
-Depends on the will of the owner
Because no rent is paid and no lease exists, the occupier has very limited rights. Their right to remain continues only while the owner allows it.
When a property owner passes away, their assets transfer to the heirs. The authorisation to occupy the home — the comodato — terminates with the owner’s death.
That means:
-The heirs are not obliged to continue allowing occupation
-They may request the occupants leave immediately
-If the occupants refuse to leave, the heirs have legal grounds to start eviction proceedings
In other words, once the owner dies, the comodato automatically expires.
Although the occupation is no longer legal after the death of the original owner, the heirs must still follow the formal process to recover the property.
The steps normally include:
1. Mediation or a formal request
This is often a requirement before going to court. A written notice gives the occupant the opportunity to leave voluntarily.
2. Legal action (eviction)
If the occupant does not vacate the property, a judicial eviction procedure can begin. The case is similar to a standard eviction (which we are very accustomed to doing) but based on:
Once the judgment is issued, the occupiers can be ordered to leave, and if necessary, the court may request enforcement by the authorities.
Before quoting or opening the case formally, we would ask the client for:
-Title deeds (escritura) – To confirm ownership and identify the heirs.
-SUMA/IBI receipts -To verify property registration and municipal details.
Any letters, emails or messages exchanged as these can be used to prove that permission existed and has now been withdrawn.
A comodato feels informal, and many families rely on trust, not documents. However, once the property owner dies and the permission ends, the heirs are fully entitled to reclaim possession.
If the occupants refuse to leave, do not assume the situation is hopeless. There is a clear legal route to follow, and the courts recognise the rights of the heirs.
Molina Solicitors can assist from initial mediation through to legal enforcement, ensuring the process is handled correctly and efficiently.