Changes to home rental contracts and eviction procedures

Automatic summary, not yet reviewed

1. Home rental contracts get shorter: the mandatory extension drops from five to three years and the automatic extension from three to one. Tenants can leave after six months with thirty days notice, and the parties may agree on compensation for early exit.
2. The landlord can take back the home after the first year to use it as a permanent home for themselves or close family, with two months notice. If no one moves in within three months, the tenant can return or receive compensation.
3. Rental contracts only protect against third parties if they are registered in the Property Registry. Someone who buys a registered home is not bound by an unregistered rental contract.
4. Tourist rentals of homes are excluded from this law: they follow their own sector rules or, if none exist, the rules for seasonal leases.
5. In evictions for unpaid rent, if the defendant neither pays nor shows up to object, the court clerk ends the case by decree and the eviction proceeds on the set date, with no further steps.
6. A registry of final court rulings on unpaid rent is created. Landlords planning to rent out a home can check whether the prospective tenant has final convictions for unpaid rent. People listed can have the entry removed if they pay the debt, and entries are automatically deleted after six years.

Who it affects

• Landlords who rent out homes: They can recover the home sooner in some cases, agree on terms with more freedom, and check the unpaid rent registry before signing.
• Tenants: Contracts are shorter by default, but tenants can leave after six months with notice; existing contracts keep the old rules.
• People with a final conviction for unpaid rent: They can be listed in the new registry for up to six years, or less if they pay the debt.
• People with an eviction case already underway: Those cases continue under the old rules; the new ones only apply to future proceedings.

Words worth knowing

Prórroga obligatoria

Mandatory extension: when the contract ends, the tenant can stay by law for a few more years even if the landlord does not want it.

Prórroga tácita

Automatic extension: if nobody says anything when the contract ends, it continues for another period.

Desistimiento

The tenant's decision to end the contract early by giving the landlord notice.

Registro de la Propiedad

Property Registry: the public office where home ownership and any liens or leases are officially recorded.

Lanzamiento

Eviction: the act of physically removing someone from the home after an eviction ruling.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries