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RENTING

Renting in Spain: When can a landlord legally kick out a tenant?

What legitimate reasons can a property owner in Spain give to ask their tenant to leave?

Published: 7 November 2022 09:28 CET
Updated: 7 November 2023 12:55 CET
REASONS-EVICT-TENANT-SPAIN
Generally speaking, the breaching of any clause of the rental contract is justifiable grounds for evicting a tenant in Spain. (Photo by LOIC VENANCE / AFP)

There are good and bad landlords in Spain, and there also are good and bad tenants. Sometimes, the decision to end a rental agreement comes as a result of other reasons.

Either way, tenants and landlords alike may at some point need to consider the conditions under which a landlord can break the rental contract and require their tenants to leave. 

Here are the reasons which according to Spanish law can be given to end a rental agreement:

Not paying rent

An obvious one, as this is the tenant’s main contractual responsibility. If you don’t pay the rent, the landlord is within their rights to evict you if the payments break any late-payment agreements you might have. Be sure to check the contract, and as a landlord it may be worth getting rental default insurance if this happens.

READ ALSO: Is getting rental default insurance worth it for landlords in Spain?

Animals at home

Many rental contracts include clauses specifying whether the tenant can have pets in the house. Some landlords are happy to have pets, but if they specify that he or she doesn’t want animals in their property and the tenant breaks the terms of the contract, the landlord is within their rights to evict them.

Termination of the contract

When the rental contract actually ends, the tenant is obliged to leave the property. In this sense, the owner must communicate, at least 30 days in advance, his willingness not to renew the rental agreement. Otherwise, the lease will be extended.

READ ALSO: What’s the law on squatting in Spain?

Subletting

Most rental contacts in Spain expressly forbid the subletting of properties or rooms in the contract. If the tenant isn’t contractually allowed but sublets the property anyway, they can be kicked out.

READ ALSO: Is subletting ever legal in Spain?

Not keeping to comunidad rules

If a tenant doesn’t respect the rules of ‘la comunidad‘ (like a homeowner’s association) in the building where the rented property is located, the landlord could be within their rights to evict them. Often the landlord may be friendly with el presidente of the homeowner’s association, and violations could include any number of things, but generally relates to behaviour that is annoying, unhealthy, harmful, or dangerous to other residents.

In those cases, la comunidad itself could initiate legal action against the tenant with the aim of immediately evicting the tenant.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

Illegal activities

It almost goes without saying, but if a tenant is undertaking illegal or illicit activities in the property the landlord is well within their rights to terminate the contract and kick the tenant out.

Doing work on the house

Tenants cannot carry out major works on the property without the express written consent of the owner. Any refurbishments that alter the configuration of the house (including storage rooms and parking spaces) must be agreed to in advance by the landlord. Otherwise, the tenant could be forced to repair the damage, and will likely have their rental contract terminated.

 

Purchase/sale of the property

If a landlord sells the property, the new owner can evict the tenant if they wish. If that does happen, tenants do have some legal rights and can’t be turfed out onto the street immediately – they can usually stay for a maximum of three months from when the property is sold.

The landlord needs the property

If the landlord or any of his or her family members (by blood, adoption or ex-husbands and wives) need the property for themselves, they must inform the tenant and grant them a two-month period to vacate the property. For this to be possible, the Urban Leases Law requires that at least one year of validity of contract has elapsed, and the landlord or family member must occupy the house within a maximum period of three months after the tenant is evicted.

Breach of contract

Generally speaking, the breaching of any clause of the rental contract is justifiable grounds for evicting a tenant. We have outlined several potential contract breaches above, but it is worth remembering that, technically, a landlord is within their rights to kick out a tenant for any breach of any clause in the contract – so be sure to read the small print.

READ ALSO: Tenant or landlord – Who pays which costs in Spain?

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PROPERTY

Spain’s Catalonia to offer up to €40,000 to renovate rural properties

The Catalan government is offering a grant of up to €40,000 for those who want to buy a house to renovate in municipalities of less than 500 inhabitants in the region.

Published: 23 April 2024 11:30 CEST
Spain's Catalonia to offer up to €40,000 to renovate rural properties

The initiative seeks to promote repopulation in rural underpopulated areas, in order to inject life into empty areas of the region.

It is only available for homes in municipalities of less than 500 people, however, this number can reach 1,000 inhabitants in specific areas such as Terra Alta, the Priorat, Ribera d’Ebre, les Garrigues, Ripollès and in all the municipalities of the Alt Pirineu i Aran.

Financial aid will reach up to €20,000 per home if it’s already the applicant’s habitual residence at the time of the request. But, for those who want to move to a rural area and do up an empty home, the figure increases to €40,000 up to a limit of six properties.

READ ALSO – Explained: Spain’s new measure to help young people and families purchase their first home 

The Generalitat has confirmed that they will allocate €2 million in total to the plan up until 2027.

The main catch is that you can’t sell the property for 10 years after receiving the grant unless you want to risk having to pay it back. You can, however, rent it out through the social rental mediation network, in order to facilitate access to affordable housing in rural areas.

The subsidy is focused on improving key aspects of the well-being of inhabitants and respect for the environment. Therefore, the aid will cover 50 percent of the cost of the works necessary to improve the energy efficiency of the properties, as well as the repairs that ensure the basic requirements of safety, habitability and functionality of the properties.

The measure not only seeks to encourage investment in the improvement of rural housing, but also to promote construction trade and maintenance, which contribute to sustainability and the efficient use of resources.

With this programme, the Generalitat of Catalonia aims to address two of the significant challenges in rural areas – depopulation and housing deterioration.

To access these subsidies, the home must be used as the owner’s habitual and permanent residence or they must have been empty for more than two years.

Applications for the programme will be open from June 28th and you must have legal residency in Catalonia in order to be eligible.

It hasn’t been revealed yet exactly how to apply, so keep an eye on site and we’ll let you know as soon as we do.

READ ALSO: Six beautiful villages and small towns which are close to Barcelona

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