Minimum and Maximum Tenancy Duration in Spain
As a tenant in Spain it is important to understand how long a main residence tenancy can last and what happens when it ends. The duration is agreed in the contract, but the Urban Leases Act (LAU) and other rules regulate renewals, extensions and time limits to make claims if there are problems with rent increases, lack of maintenance or evictions.[1] In this article we explain in plain language how to negotiate terms, how to act when you receive notices from the landlord and what judicial or administrative remedies you can use in Spain.
What determines the initial duration?
The initial duration is freely agreed between landlord and tenant in the contract. Always review the duration clause and the terms for automatic renewal or early termination. If the contract is very short, find out about the practical and legal consequences before signing.
Renewals and extensions
When the contract nears its end there are two common paths: agree a renewal between both parties or rely on the legal extensions provided by applicable law. Deadlines and conditions depend on the contract and the LAU; if you receive a notice of non-renewal check the times to respond and the reasons the landlord may claim.[1]
Maximum duration and practical limits
There is no absolute "maximum duration" for a private contract: parties may agree long terms. In practice, tenancy stability is conditioned by clauses, permitted rent increases and causes for termination. Always check clauses that regulate renewals and early withdrawal.
Maintenance obligations and contract effects
Habitability is essential: the landlord must keep the dwelling in good condition, and serious breaches can justify contract termination or rent reduction. Document faults and request repairs in writing; if there is no response you can claim administratively or in court.[2]
How to act on an eviction notice
If you receive a demand to vacate, do not ignore it: there is a deadline to respond and defense measures. Gather the contract, rent receipts, communications and photos; seek legal advice or municipal housing services to assess options and procedural deadlines.[3]
Practical steps to review your contract duration
- Check the duration clause and the renewal conditions in your contract.
- Verify the landlord's maintenance obligations and record incidents in writing.
- Pay and keep rent receipts as proof of compliance.
- If you are notified of eviction, seek advice and collect all relevant documentation.
Frequently asked questions
- Can the contract force me to leave before an agreed term?
- Only if there is a clear early termination clause or a lawful cause set out in the contract or law; otherwise you should negotiate or go to court.
- What happens if the contract does not mention renewals?
- If there is no agreement, legal rules and practice apply: consult the LAU and seek advice to learn your options for staying or renewing.
- Can I claim for defects that affect habitability?
- Yes, document defects, request repair in writing and, if unresolved, you can seek rent reduction or terminate the contract for breach.
How to
- Locate and read your contract to identify the duration and renewal clause.
- Document any incident (photos, messages, receipts) and send written communication to the landlord.
- If there is no response, request legal advice or go to municipal housing services.
- If appropriate, file the claim in Court or use administrative channels according to the case.
Key points
- Duration is agreed, but regulation protects certain tenant rights.
- Act in writing and keep evidence in any dispute.
Help and resources
- BOE - Consolidated text of the LAU
- Ministry of Justice - Information for citizens
- Poder Judicial - Procedures and courts
