Compensation for Non-Renewal for Tenants in Spain
As a tenant in Spain, you may face a landlord's refusal to renew your lease. Not all non-renewals give rise to compensation: the law distinguishes valid reasons, deadlines and forms of notification. This article explains in clear language when you might claim compensation for wrongful non-renewal, what documentation you need, the steps to file a complaint or lawsuit and which legal deadlines apply. It includes practical examples, actions to take before going to court and official resources to guide you. If you have doubts about your specific situation, these steps will help you prepare your case and protect your tenant rights.
What is compensation for non-renewal
Compensation for non-renewal refers to a financial payment that may be due to the tenant when the termination or lack of renewal of the lease occurs without valid cause or without respecting legal or contractual requirements. The Urban Leases Act (LAU) and the Civil Code regulate general aspects of leases and communications between the parties.[1]
When it applies
There is no single situation: each case depends on the contract, the landlord's conduct and legal deadlines. Below are common examples where compensation may be considered:
- Eviction or attempt to remove the tenant without legal cause or without following the judicial procedure.
- Notification outside the deadline or without respecting the notice period established in the contract or by law.
- Failure to deliver formal communications (such as burofax) that allow the tenant to know the decision and negotiate alternatives.
How to claim
Before starting legal actions it is advisable to try a written agreement with the landlord and gather evidence. If agreement is not possible, a lawsuit can be filed with the Court of First Instance; procedures and guidance are available on official justice portals.[2]
- Gather the lease, receipts, messages and evidence of communications.
- Send a formal claim to the landlord (burofax or similar) and keep the proof of delivery.
- If there is no response, consult the court or a professional and consider filing a civil claim for breach.
Frequently Asked Questions
- When can I claim compensation for non-renewal?
- You can claim when the non-renewal occurs without valid cause, without legal notice or when the landlord acts contrary to the agreement, provided you can prove it with documentation.
- What evidence should I collect?
- Lease, payment receipts, messages, burofaxes, witnesses and photos or any document that shows communications and relevant dates.
- What is the deadline to claim?
- Deadlines vary depending on the action: it is advisable to act as soon as possible and check the applicable rules and possible statutes of limitation to file a claim.
How to do it
- Review the lease to identify clauses about renewal and notice periods.
- Collect all evidence: receipts, messages, emails and proof of sending communications.
- Send a formal claim to the landlord and keep the delivery receipt.
- If no agreement is reached, file the claim in the Court of First Instance providing all documentation.
Key takeaways
- Act quickly: procedural deadlines can expire easily.
- Gather and organize evidence before starting any judicial procedure.
- Try a formal claim first before litigating.
Help and Resources
- Consolidated LAU text on BOE
- Ministry of Justice - information and procedures
- Information about Courts and Tribunals
