Tenant rights for non-renewal in Spain
As a tenant in Spain, facing non-renewal of a lease can raise questions about deadlines, legal reasons and available actions. This text clearly explains what rights a tenant has when a landlord decides not to extend the rental, how to identify valid causes, what notices you should receive and what documentation to keep. It also sets out practical steps to respond to a refusal, options for negotiating an orderly exit, and when to go to the Court of First Instance or seek advice from official bodies. We avoid legalese and offer simple examples and templates so you can protect your home and your rights with confidence.
What does "non-renewal" mean?
"Non-renewal" occurs when, at the end of the contract term, the landlord decides not to extend it. This does not always imply bad faith: it may be due to personal need, renovations, sale or other reasons. As a tenant you have the right to receive clear written notice and to know the reasons when they are required.
In most cases, non-renewal requires written notice.
Reasons and deadlines
The Urban Leases Act regulates extensions and deadlines in housing contracts.[1] In general the owner must respect the notice periods in the contract or those provided by law and justify causes when appropriate.
- Notice periods: check dates in your contract and the applicable legislation.
- Valid reasons: necessary works, owner need or sale may be valid causes.
- Written notification: always require a signed written communication.
- Opposition and negotiation: you can request more time or agree exit terms.
- Eviction and judicial routes: if there is a dispute, the civil route is the Court of First Instance.[2]
Respond within deadlines to avoid losing procedural rights.
How to respond and practical steps
If you receive a non-renewal notice, follow clear steps: document, reply in writing, try to negotiate and seek advice if appropriate. Keep receipts, photos and copies of everything. Below are concrete actions you can start.
- Document the situation: keep photos, contracts and messages related to the notice.
- Reply in writing: send a letter or burofax stating your position and requesting clarifications.
- Negotiate deadlines: request a temporary extension if you need time to find alternatives.
- Seek advice: contact municipal services or consumer associations for support.
- Prepare legal options: if appropriate, gather evidence to claim in court.
Keep copies of all communications and receipts related to the lease.
Frequently Asked Questions
- Must the landlord give a reason for not renewing?
- It depends on the type of contract: for main residence there are causes provided by the LAU; in other cases the landlord may choose not to extend without needing to justify a specific cause, unless the contract states otherwise.[1]
- What deadlines must I respect if I want to stay longer?
- Check the notice period in your contract and reply before that date to negotiate an extension or exit conditions. If there is no agreement, it is advisable to seek advice.
- When should I go to court?
- If the landlord starts an eviction procedure or denies basic rights, go to the Court of First Instance and consider legal advice to file opposition or precautionary measures.[2]
How to do it
- Document everything: gather contract, receipts, photos and communications.
- Check deadlines: review notice and expiration dates in the contract and applicable rules.
- Send a written reply: send a letter or burofax explaining your position and requesting an extension or clarification.
- Negotiate terms: propose an exit agreement or additional time to arrange housing.
- Take legal action: if appropriate, submit documentation to the Court of First Instance or seek legal counsel.
Key takeaways
- Always review the contract and keep evidence of any communication.
- Reply in writing and within deadlines to protect your rights.
- Contact official services or associations if you need assistance.
Help and resources
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Information on procedures
- Judicial Power - Court information
