Evidence for non-renewal for landlord need - tenants Spain
What evidence counts
To make the landlord's claim of need admissible, courts typically assess evidence showing the real cause: necessary works, personal use, sale or other legitimate reasons under applicable law[1]. A verbal statement is usually insufficient; gather documents that prove the reason and its connection to the dwelling.
- Photos and videos with date and context.
- Emails, messages and certified mail between tenant and landlord.
- Invoices, estimates and payment receipts for works or expert reports.
- The lease and annexes showing terms, durations and relevant clauses.
- Signed statements from witnesses or professionals (experts, technicians).
How to collect and organize evidence
Organize a file with copies in order: mark dates, describe circumstances and keep digital versions with metadata when possible. If you receive a verbal notice, request written confirmation and keep any proof of delivery or receipt. Before filing any claim, check applicable deadlines and seek advice if you are unsure of the steps to follow[2].
- Scan and back up contracts, receipts and communications.
- Annotate photos with context (what, when, who).
- Get signed statements from neighbors or witnesses if they confirm facts.
- Keep copies of estimates or technical reports related to the alleged need.
Deadlines and procedures
Deadlines to challenge a non-renewal or to respond to a notice vary depending on the cause and the chosen route; some actions must be initiated within weeks, others within months. In case of dispute you can go to the Court of First Instance or request mediation as appropriate, always supported by applicable law and official forms[1][2].
Frequently Asked Questions
- What does "non-renewal for need" mean?
- It is when the landlord claims they need to recover the dwelling for personal reasons (works, personal use, sale, etc.) and decides not to extend the lease.
- Can the landlord evict me immediately if they claim need?
- Not immediately; the landlord must prove the cause and respect legal deadlines and guarantees. If in doubt, you can request clarifications and present evidence in your defense.
- What evidence is most relevant?
- Official documents, work estimates, written communications, receipts and independent witnesses are generally most relevant.
How to
- Request the landlord's reason in writing and keep the communication.
- Gather photos, contracts, invoices and messages that support or challenge the alleged reason.
- Seek free tenant advice or legal services if there is a risk of eviction.
- If appropriate, submit the documentation to the Court or request mediation.
Key takeaways
- Do not rely on verbal communications; request everything in writing.
- Organize evidence by date and relation to the alleged reason.
- Seek official advice before signing or accepting quick agreements.
Help and resources
- [1] BOE: Consolidated text Ley 29/1994, Urban Leases
- [2] Ministry of Justice: Guides and procedures for leases
- [3] Judicial Branch: Information on civil procedures
