Right to Evict

By: James Harbridge

In February 2010, the Supreme Court issued an interesting judgment regarding the right of a landlord to evict a tenant from a property.

In this particular case, a landlord attempted to evict a tenant from a bakery which the latter was renting.

The landlord relied upon Royal Decree 6/1989, which permitted a landlord to evict tenants if the landlord needed the property for himself or for his spouse, his children or his parents, and he had no vacant premises.

In his defence, the tenant argued that the landlord had failed to prove that he needed the premises for personal use, and also cited the landlord’s commercial registration documents, which did not have ‘bakery’ listed as a trading activity.

The Supreme Court overruled the lower courts, and found in favour of the tenant. The Supreme Court explained that the landlord had not provided sufficient evidence that he was in need of the property.