Tenants: Non-Renewal for Sale in Spain
As a tenant in Spain, you may find the landlord announcing the sale of the property and not renewing the lease. It is important to know which reasons are valid, what deadlines apply and what your rights are before making a decision. This guide explains clearly when a sale justifies non-renewal, what notices the landlord must provide, how to document your situation and what steps to take if you receive a notice or an eviction claim. It also details official resources and practical actions to defend your housing rights and prepare a legal or administrative response without confusion.
What happens if the landlord sells the property?
The sale of the property does not always mean the automatic termination of your rental contract. It depends on what the contract says, the current term and whether the buyer needs the property for personal use or has another legal cause. Check the Urban Leases Act for rules on renewal, ownership and transfer of the contract.[1]
When does a sale allow refusal to renew?
Some situations where the landlord may claim non-renewal include: when the buyer requires the home for personal use, when there is a contractual clause limiting renewal, or when the new owner needs to recover possession for legal reasons. These causes must be notified in writing and comply with applicable legal deadlines.
Practical steps tenants should know
- Request written notification of the sale and the specific reason for non-renewal.
- Gather contracts, rent receipts and proof of payments or prior communications.
- Check the deadlines to appeal or file objections with the court.
If you receive an eviction claim or a formal notice, the procedure is handled through the civil route and the Court of First Instance resolves disputes over possession and renewal. Act quickly and gather all relevant documentation before attending hearings or answering the claim.[2]
Frequently Asked Questions
- Does the sale force me to leave the property immediately?
- Not necessarily; the obligation depends on the contract and whether there is a legal cause justifying non-renewal. You should check deadlines and the notice.
- What deadline do I have to respond to a non-renewal notice?
- Deadlines vary depending on the notice and contract contents; respond in writing and consult a professional if you are unsure about the exact term.
- Can I oppose an eviction due to sale?
- Yes, you can submit appropriate allegations and provide evidence showing your right to remain, such as rent receipts, and request precautionary measures if applicable.
How to do it
- Collect the lease, payment receipts, communications and photos proving your occupancy and compliance with obligations.
- Carefully read any notice and note exact deadlines to respond or contest.
- Contact a legal advice service or a lawyer specialized in rentals to assess options.
- If necessary, file an opposition in the Court of First Instance providing evidence and request a precautionary suspension where appropriate.
Key takeaways
- Do not assume a sale automatically requires you to vacate without checking contract and notices.
- Document everything and keep receipts, messages and written notices.
Help and resources
- Law 29/1994, Urban Leases Act
- Ministry of Justice - Procedures and guidance
- Poder Judicial - Information on civil procedure