Expired Rental Contract in Spain: Tenant Rights
If your rental contract reaches its end and you remain in the home, it is normal to have doubts about your rights and obligations as a tenant in Spain. Depending on what the contract says and the Urban Leases Act, there may be extension, tacit renewal or procedures for the landlord to recover the property. This article explains, clearly and practically, which steps to take, which deadlines to respect and which proofs to keep to defend yourself if a conflict arises. We will also see how to act when served an eviction notice, when to pay or not the rent, and how to request repairs related to habitability. The aim is to provide useful tools to protect your situation and avoid mistakes that could harm you.
What happens when the contract expires?
When the rental contract expires, the options depend on the agreed text and the LAU. If the contract establishes an extension or tacit renewal, the tenant may remain in the home under the fixed conditions; otherwise, the landlord can claim the return of the property through civil proceedings. Check the LAU text for deadlines and legal effects.[1]
In most cases, it is essential to review the extension and notification clauses in the contract.
Possible situations
- I pay the rent and the landlord does not demand delivery: the situation may consolidate until either party files a formal claim.
- The landlord notifies the termination and demands vacating; if there is no agreement, they may initiate an eviction procedure.
- I am not up to date with payments: non-payment may lead to eviction through ordinary or summary proceedings depending on the case.
If there are doubts about the validity of a notification or eviction deadlines, keep all communications and receipts; that documentation will be essential if there is a judicial dispute or negotiation with the landlord.[1]
Documenting dates and payments improves your position if the case goes to court.
What can I do as a tenant?
Act calmly and follow practical steps: first review your contract and any received notices; then document payments and communications; finally try to reach a written agreement with the landlord before any lawsuit is filed. If you receive an eviction order, learn about deadlines to file opposition and possible mediation or civil remedies.
Responding to formal notices within deadlines prevents loss of procedural rights.
Frequently Asked Questions
- Can the landlord force me to leave immediately?
- No. To recover the property, a judicial procedure (eviction) is usually necessary unless there is a voluntary agreement; the landlord cannot forcibly evict you.
- If I keep paying, do I lose tenant rights?
- Paying rent does not automatically remove your rights; it may indicate de facto negotiation, but you should document it in writing and review the contract and the LAU.
- What documents should I keep?
- Contracts, payment receipts, written communications, photos of the property's condition and any notices or registered letters related to the contract.
How to
- Review the contract and note key dates and extension clauses.
- Gather receipts, messages and photos that prove payments and communications.
- Contact the landlord in writing to try to reach an agreement and request written confirmation.
- If you receive a lawsuit or judicial notice, seek advice and respect procedural deadlines to file opposition.
Key takeaways
- Always keep payment receipts as proof of compliance.
- Respond to notices within deadlines to preserve your rights.
- Demand repairs if defects affect habitability.
Help and Support
- BOE: Consolidated text of the Urban Leases Act
- Ministry of Justice: forms and guides
- Poder Judicial: information on civil procedures
