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I have decided that I want to sell my house in Spain, however there is currently a sitting tenant. Can you tell me what rights the tenant has and any difficulties that could arise when selling the property?
Firstly it is necessary to consult a lawyer who can review the lease and determine the exact situation and the legal options available. In Spain the legislation that regulates leases is the Law of Urban Leasing: Ley 29/1994 – Ley de Arrendamientos Urbanos (LAU).This law establishes that the duration of a lease shall be that period which the two parties to the lease have freely agreed, renewable annually for a minimum of up to three years. To this rule there are two exceptions:
- where the tenant decides not to renew the lease, with an obligation to inform the landlord of an intention to quit the lease with at least the minimum notice period of 30 days before the end of the contact term or one of the renewal periods. If the tenant wishes to terminate the lease earlier, this needs to be carried-out in compliance with the terms of the lease for such contingencies, with the possibility that the landlord may be entitled to compensation for lost rental payments under the lease.
- The second exception arises where, at the end of the first year of the lease, the landlord expresses the need to obtain vacant possession of the property in order that they themselves, their children or spouse can live there. In this case, a notice period of two months is required.
If you think you may require assistance with this issue in Tarragona, Salou or Girona, please contact Emma using the contact form below, or telephone +34 932 42 03 03 . For legal assistance in other areas of Spain, please visit the lawyer locator page.