What if the guest will not leave at the end of the booking? What you can do, what you cannot and when to call the Police

Short answer: a guest in a tourist home is not a tenant: the Urban Leases Act expressly excludes them (art. 5.e), so they have no right to stay and no rental eviction is needed. The Andalusian Tourism Act requires them to «respect the agreed departure date» (art. 22.c), and Decree 28/2016 allows you to require them to leave within 24 hours and ask the Police for help (art. 2.5). What you must never do is change the lock, remove their belongings or cut off the electricity and water: that makes you the one committing the offence. It is very rare, and it is almost always solved with a phone call; if not, the protocol is below.

Why are they not a tenant?

Because the rental law expressly leaves out «the temporary assignment of use of an entire home, furnished and equipped for immediate use, marketed or promoted through tourist channels […] when it is subject to a specific regime derived from its sectoral tourism rules» (art. 5.e of Law 29/1994). A tourist home registered with the Junta is exactly that. The guest has booked a tourist service with an end date, not a lease: there are no extensions and no eviction timescales.

That exclusion depends on the home being «subject» to the tourism rules. An unregistered flat let to tourists is in a weaker position: the guest could argue it was a seasonal let. One more reason to have the licence in order.

What does Andalusian law say?

Three rules, and all three are on your side:

• Law 13/2011, art. 22.c: the accommodation user must «respect the agreed departure date from the establishment, leaving the unit occupied free».
• Law 13/2011, arts. 36.3 and 36.4: the operator may «prevent the continued stay» of anyone who breaches that obligation and «request the assistance of the Security Forces to evict» anyone who intends «to stay there for a purpose other than normal use of the service».
• Decree 28/2016, art. 2.5: if the guest breaches their obligations, you can «refuse their continued stay» and «require them to leave the home within twenty-four hours», and ask for police assistance.

And the times: unless you agreed otherwise, the guest is entitled to the home «from 15:00 on the first day of the contracted period until 11:00 on the day set as the departure date» (art. 7.4 of Decree 28/2016). The agreed time must appear in the document they sign on arrival (Mandatory paperwork in the flat).

What must I never do?

Even if you are completely in the right:

• Do not change the lock or the code with their belongings inside.
• Do not remove their belongings or go in without permission.
• Do not cut off the electricity, water or wifi to force them out.

The Constitutional Court has held that an accommodation room is the guest's home while their contract lasts (judgment 10/2002): going in without permission can be trespass committed by you. And cutting off supplies or changing the lock to throw someone out fits coercion under the Criminal Code (art. 172), punished more severely when the aim is to prevent the use of a home, or taking the law into your own hands (art. 455), even if the right is yours. Whatever you do, you do it with the Police present or with a court order.

The protocol, step by step

1. Before it happens: a clear check-out time in the listing, in the house rules and in the document they sign on arrival. A reminder the day before with the time. And a paid late check-out option: most of those who «won't leave» only wanted one more hour.
2. Once the time has passed: a friendly call or message. It is almost always an oversight, a night flight or a suitcase not yet packed. Offer the late check-out or luggage storage.
3. If they refuse: a written demand (a WhatsApp message or an email will do, and they serve as evidence) telling them their booking has ended, that they must leave the home and that, under art. 2.5 of Decree 28/2016, they have 24 hours. Keep screenshots of everything.
4. Tell the platform: if the booking came through Booking or Airbnb, open a case. In its terms for European users, Airbnb says that if the guest stays past check-out the host may «make you leave by lawful means, including the imposition of reasonable penalties»; and the platform usually mediates quickly because it holds their card.
5. If they are still inside after the deadline: call the Local Police or 112 and show them the booking, the signed document with the dates, the written demand and the accepted house rules. The law authorises you to ask for their help with the eviction (art. 36.4 of Law 13/2011 and art. 2.5 of the decree). Whether they remove the guest there and then depends on how the officers assess the situation.
6. If they still won't leave: a lawyer and civil proceedings.

Is it a crime not to leave?

Usually not, and it is worth knowing so as not to get frustrated. The State Attorney General's Office says that if the occupier «had been authorised to occupy the property, even temporarily», there is no unlawful occupation and «the holder must bring the appropriate civil actions to recover possession» (Instruction 1/2020). The guest came in with your permission. That is why the fast-track trial for squatters approved in 2025 (for unlawful occupation and trespass) does not usually help here.

What does exist is a minor administrative offence: staying in a home against its owner's will, when it is not a crime, carries a fine of €100 to €600 (art. 37.7 of Organic Law 4/2015). The Police can issue the report.

And the civil route?

If none of the above works, the lawyer will file a claim to recover the home. The two usual routes are:

• Precarious occupation claim (art. 250.1.2 of the Civil Procedure Act): to recover a home occupied without title and without paying. It is the best fit for a guest whose contract has ended.
• Recovery of possession with fast eviction (arts. 250.1.4 and 441.1 bis): the occupier has 5 days to show a title and, if they don't, the judge orders eviction. But it can only be requested by individuals who own or legitimately possess the home (not a company), and it is designed for those who lost the home without their consent, which is not exactly this case.

Which one to use is the lawyer's decision. What matters is that everything you did beforehand is in writing.

What if they leave but wreck the place or don't pay for the extra days?

That is a matter of damage and payment: deposit, insurance, Airbnb's resolution centre or the Booking card. We explain it in What if they wreck my flat?. And if the problem is not the departure but noise or a party during the stay, the protocol for that is in A neighbour complains about my guests.

Summary