Can they evict me for not paying the garbage tax or the IBI of the house?

Tenants who have a clause in their rental contract that makes them responsible for paying the Real Estate Tax (IBI) and the garbage rate They can face eviction if they refuse to pay them. This is what the Supreme Court has determined, which has ruled in favor of the eviction of some tenants for non-payment of both fees even though the annual amount for these items was not specified in the lease contract. The magistrates understand that they were aware of the contractual clause by which they were obliged to assume these expenses. In the ruling, the civil court has dismissed the appeal filed against a September 2024 ruling by the Provincial Court of Palma de Mallorca.

The lawsuit began when a company, which was the owner of the property, requested the eviction of the tenants for not having paid the IBI or the garbage collection fee. A total that amounted to 503 euros. Additionally, in the monthly rental payment Expenses for water, electricity or telephone were not included, nor were these two rates.. Faced with this situation, many people wonder if they can be evicted if they do not pay these taxes.

Can they kick you out of your home if you don’t pay the IBI and the garbage tax?

“The Supreme Court has just confirmed yes, and this decision marks a before and after in thousands of rental contracts in Spain,” explains the Institut Qualitas lawyer, Oscar Busquetsin one of his recent publications on social networks. The expert points out that the ruling states that if “the contract establishes that the tenant must assume IBI or municipal taxes, non-payment is equivalent to non-payment of rent.” This means that eviction can be justified.

Busquets states that This is not a “minor” clause. and not a “simple administrative delay” because “the non-payment of these concepts can activate an eviction procedure just like stopping paying rent“. In this sense, the lawyer maintains that this is a relevant issue because “many tenants are unaware that they assumed these obligations when signing and many owners did not complain due to legal doubts.”

However, with this ruling from the Supreme Court “it provides security and clarity” because “if it is agreed, it is enforceable.” For this reason, the lawyer shares some practical tips. It asks tenants to review the contract to verify what expenses they have to assume, while it warns owners: “If they owe you IBI or taxes, you have a clear way to claim.”