New eviction law. Credit: Pressmaster/Shutterstock
If you rent out a property in Spain, or rent one, you may be wondering what has actually changed. It is understandable. In recent weeks Spain has seen one housing decree fail to win Parliament’s ratification, followed by a new one published on 7 October and in force the next day. It still must be ratified within thirty days. Until then, however, it applies. These are the three questions we hear most often.
“Can I still evict a tenant who has stopped paying?”
Perhaps, but it might take longer. Where the tenant is vulnerable and has nowhere else to go, the decree provides for evictions to be suspended, in principle until the end of 2030. Vulnerability must be proven. If the problem is unpaid rent, the authorities are given two months to offer the tenant alternative housing or to pay what is owed. If they do neither, they would step into the tenant’s shoes as debtor, and the eviction may not go ahead while the vulnerability lasts.
“The lease is about to end. Can I get my flat back?”
Not necessarily. Tenants on habitual residence contracts whose mandatory term ends before the end of 2028 can ask for an extraordinary extension of up to 2 further years (provided they have paid on time for the previous eight months). There is an exception if you genuinely need the home for yourself or close family. This need does not have to be written into the original lease. But it must be real, and the tenant must be told within the legal deadline.
“My apartment is let on seasonal contracts, usually a few months at a time. Should I be worried?”
Not necessarily. Seasonal rentals are very common the Costa Blanca. However, calling a contract “seasonal” has never been enough on its own. Spanish courts have long looked at what is really going on. Is there a genuine temporary reason behind the stay or not? If not, the contract may be treated as an ordinary residential lease. The decree now writes that approach into law. It requires a real reason, stated expressly in the contract, and the law describes it as a tenant temporarily displaced from their habitual home. The burden of proof falls on the landlord. Without that reason, the contract might be treated as an ordinary residential lease. The same could happen if more than two contracts are chained together.
Rent updates are also limited until the end of 2027, with a 2% cap in most cases if nothing else is agreed.
The new housing decree introduces key changes in the landlord-tenant relationship, and evictions. If any of this sounds familiar, it may be worth having your situation reviewed. At White-Baos Lawyers, we would be glad to help. Reach out to us, today.
You may be interested in the following services and articles:
Renting a property in Spain: Residential, Tourist, and Seasonal Rentals. A practical guide.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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