Extra protection for vulnerable tenants at the end of the term

Key rules

• Current status: Confirm the extension is in force for your contract end date before you rely on it.
• Certificate: You need a social services certificate of vulnerability to claim.
• Landlord type: It is mainly imposed on companies and owners of more than 10 homes.
• Timing: Send your written request before your term ends.

The extension's legal status and thresholds have changed repeatedly and may not be in force now, so confirm with social services or your town hall before acting.

Is the extension available to you?

The extraordinary extension (prórroga extraordinaria) gives a vulnerable tenant more time in their home when the contract term ends. It has been created and renewed through a series of emergency anti-eviction measures. Whether it is in force for your contract end date is not settled. Before you plan around it, ask your regional or municipal social services, or your town hall, whether it applies to the date your term ends.

Who can claim it

You may qualify if all of these are true:

• The home is your main residence.
• Your mandatory term, or its automatic extension, is ending.
• You are in a situation of economic and social vulnerability, certified by social services.
• You meet the income limits set in the emergency measures, and your income has fallen or your costs have risen.

The exact limits and conditions changed between versions of the measures. Social services can tell you which ones apply to your case.

Your landlord matters

The extension is mainly imposed on large landlords: companies, or people who own more than 10 homes. If your landlord is a private individual with a small number of homes, they are not bound in the same way. In that case a judge may suspend an eviction only after weighing both sides. Find out which type of landlord you have before you start.

How long it lasts

Where it is in force, the extension is usually up to 6 months. Some versions allowed up to 1 year. The version in force for your date sets the length.

How to claim it

1. Ask social services for the certificate of vulnerability. The regional or municipal body that handles this issues it.
2. Gather proof of your income, or of your unemployment benefit, and proof that your income has fallen.
3. Collect your contract, your ID and your padrón certificate.
4. Send your landlord a written request for the extension before your term ends. Attach the certificate and your income papers.
5. Wait for the landlord's answer. They should reply within a short period.
6. If the landlord refuses, ask the court to suspend any eviction. Attach the social services report.

Ask early. Social services can take time to issue the certificate, and your request must reach the landlord before the term ends. Use the checklist, documents list and timeline below to keep track.

Keep proof that you sent the request, such as a burofax or an email with a read receipt.

Timeline and deadlines

• Find out whether the extraordinary extension is in force for your contract end date: Well before your term ends

• Get the social services certificate and your income papers: Before you write to the landlord

• Send the landlord your written request with the papers attached: Before the term ends

• Wait for the landlord to accept: The landlord should answer within a short period; the court step is covered in the numbered steps on this page

• Extension runs: Up to 6 months in ordinary cases, up to 1 year in some versions

Documents you need

• Social services certificate of vulnerability, issued by the competent regional or municipal body.

• Proof of your income, or proof of your unemployment benefit.

• Proof that your income has fallen.

• Your rental contract.

• Your ID.

• Your padrón certificate (proof that you are registered at the address with your town hall).

• Your written request to the landlord for the extraordinary extension.

Checklist

• Check whether your landlord is a company or owns more than 10 homes, since the extension is imposed mainly on them.

What to watch out for

• The extension may not be in force: The extraordinary extension has depended on temporary national measures that were renewed or dropped several times. You could plan around a protection that no longer applies to your contract end date. Ask social services whether it applies to your end date before you count on it.

• A small landlord can refuse: The extension is imposed mainly on companies and owners of more than 10 homes. A private landlord with few homes does not have to accept it.

• Asking too late: The request must reach the landlord before the term ends, with the social services certificate attached. A late or unsupported request is easy to refuse. Ask social services for the certificate early and send the written request as soon as you have it.

Frequently asked questions

Does this work if my landlord is a private individual with one flat?

Not in the same way. The extension is imposed mainly on large landlords, meaning companies or owners of more than 10 homes. A small landlord does not have to accept it, though a judge can still weigh both sides before an eviction.

How long can the extension last?

Where it applies, it lasts up to 6 months in ordinary cases. Some versions of the rule allowed up to 1 year. Ask social services which version covers your contract end date.

What can I do if the landlord says no?

Ask the court to suspend any eviction, and attach your social services report as support. Ask the landlord for the refusal in writing first, so you can show it to the court.