Tenant: Landlord Not Occupying Property in Spain

Landlord non-renewal (grounds and deadlines) 2 min read · published September 11, 2025

What happens if the landlord does not occupy the property?

If the landlord committed to occupy the property and ultimately does not, the tenant may have doubts about deadlines, obligations and remedies. The Urban Leases Act and the Civil Code regulate aspects related to occupation and the termination or modification of the contract[1], and in case of dispute the matter can reach the Court of First Instance through the civil eviction or claim proceedings[2].

  • Review the contract and the agreed deadlines for occupation.
  • Document the situation: keep communications, photos, receipts and notices.
  • Send written notice to the landlord about the lack of occupation and request a written response.
  • Negotiate a temporary agreement or compensation if both parties agree.
  • If there is no solution, consider filing an administrative claim or civil lawsuit.
  • Go to court if appropriate to request termination of the contract or compensation.
Keep all records of communication with the landlord.

In many cases, prior negotiation avoids costs and long legal timelines; however, documenting each step is key to accessing administrative or judicial remedies if negotiation fails.

Frequently asked questions

Can I stop paying if the landlord does not occupy the property?
It is not advisable to stop paying rent without advice; there are ways to claim compensation, but stopping payments can lead to eviction.
How long should I wait before making a claim?
It depends on what is agreed in the contract and the applicable regulations; check the deadlines in the contract and act within them.
Which court should I go to?
The Court of First Instance of the judicial district where the property is located for civil matters related to leases.

How to proceed

  1. Gather written evidence, photos and records of communications.
  2. Check contractual deadlines and act within them.
  3. Send a formal notification to the landlord requesting a solution.
  4. Attempt mediation or an out-of-court agreement if possible.
  5. File an administrative claim or civil lawsuit if there is no solution.

Help and support

  1. [1] BOE - Ley 29/1994, de Arrendamientos Urbanos (texto consolidado)
  2. [2] Ministerio de Justicia - Procedimientos civiles y desahucio

Categories

Tenancy types (primary home, seasonal, student) Term length and renewals (LAU) Tenant early termination (notice and penalty) Landlord non-renewal (grounds and deadlines) Legal deposit and regional lodging Additional guarantees (surety, rent guarantee) Initial rent, stressed areas & reference index Annual rent updates (caps and indexes) Bills & charges (HOA, property tax, utilities) Repairs & upkeep (who pays what) Works and improvements during tenancy Inventory, condition report & keys Landlord access & viewings Subletting & assignment Pets, noise & neighbour relations Municipal registration (padron) & address Social/affordable housing (VPO/VPP) Rent assistance (Youth bonus & regional) Eviction for arrears or end of term Claims & mediation (consumer offices) Unfair terms & nullity Contract registration & taxes (RLI, ITP) Energy performance certificate (EPC) Tourist lets vs seasonal lets Habitability, damp & unhealthy conditions Accessibility and reasonable adjustments Data protection & tenant documents (GDPR)
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Spain

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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