How long a Spanish lease really runs (prórroga obligatoria)

Key rules

• Minimum term: A main-home lease lasts at least 5 years with an individual landlord, or 7 with a company, whatever the contract says.
• Your exit: You can leave after 6 months with 30 days' notice; the landlord cannot end the lease early.
• Own use: The landlord can reclaim the home only with an express contract clause, after year one, with 2 months' notice.
• Extension: After the minimum term, the lease extends yearly for up to 3 more years unless someone gives notice.

The short answer

If you rent a home to live in permanently, the minimum term is 5 years when the landlord is an individual, and 7 years when the landlord is a company. This holds even if your contract says one year. A shorter term is not void: it is extended year by year until the minimum is reached.

When the clock starts

The term counts from the contract date or, if later, from the day the home is handed over to you. Make sure the contract states a start date and that it matches the day you got the keys. If they differ, ask the landlord to fix it in writing.

Leaving early is your right, not the landlord's

The landlord is bound by the yearly extensions. You are not. After 6 months you can leave, giving 30 days' notice. So a short contract protects you rather than costing you.

After the minimum term

Once the 5 or 7 years are over, the lease extends automatically in one-year periods for up to 3 further years unless either side gives notice. Check the notice periods in your contract, and ask your town hall or a tenants' association if they are unclear.

The one exception: the landlord's own use

During the minimum term, the landlord can take the home back only if all of these apply:

• The contract has an express clause allowing it. Without that clause, no recovery is possible.
• The first year has passed.
• You get at least 2 months' notice.
• The notice states who needs the home: the landlord, a first-degree relative (by blood or adoption), or a former spouse after separation, divorce or annulment. They must need it as their permanent home.

Read your contract for this clause before you sign.

If the landlord does not move in

If, within 3 months of you leaving, neither the landlord nor the named person has moved in, you choose between two options:

• Go back into the home for the rest of the contract, with the landlord paying the moving costs of leaving and returning.
• Take compensation of one month's rent for each year left until the minimum term would have ended.

In both cases you can also claim your moving-out costs. Keep the notice, and note the date you left.

When these rules do not apply

They cover a home you live in permanently. Genuine seasonal lets (for work or study), tourist lets and commercial lets follow the duration the parties agree. A seasonal contract must truly be temporary. Room rentals can fall under different rules depending on the facts. Check the stated purpose of your contract.

Choosing between options

The landlord took the home back for own use and did not move in. What do you do?

• Go back into the home: You want the home back: you return for the rest of the contract and the landlord pays the moving costs of leaving and returning.

• Take compensation: You prefer to stay elsewhere: you receive one month's rent for each year left of the minimum term, plus your moving-out costs.

This applies only if neither the landlord nor the named person moved in within 3 months of you leaving. Choose by whether you still want to live in the home.

Timeline and deadlines

• The minimum term starts counting from the contract date or, if later, the handover of the home: on signing or handover

• Landlord can send own-use notice, only if the contract has an express clause: after the first year, with at least 2 months' notice

• The lease reaches the minimum term: 5 years, or 7 if the landlord is a company: at the end of year 5 or 7

• The lease then extends automatically year by year: for up to 3 further years

Checklist

• Check whether the contract is for your main home and not a seasonal, tourist or commercial let.

• Check whether the landlord is an individual (5-year minimum) or a company (7-year minimum).

• Find the start date in the contract and confirm it matches the day you received the keys.

• Read the contract for a clause that lets the landlord take the home back for own use.

• If you get an own-use notice, check it is after the first year, gives at least 2 months and states who needs the home.

• After you leave following an own-use notice, check within 3 months whether the landlord or named relative moved in.

What to watch out for

• A short lease is not a short stay: A one-year lease for your main home still extends year by year up to 5 years, or 7 if the landlord is a company. Do not assume the landlord can end it after a year. If you want out sooner, you can leave after 6 months with 30 days' notice. Do not accept a landlord's claim that the lease simply ends. Ask for the reason in writing and check the contract's purpose.

• Unclear start date: The minimum term runs from the contract date or a later handover. A vague start date can lead to a dispute over when the term ends.

Frequently asked questions

I signed for one year. Can the landlord end it after that?

No. A one-year lease for your main home is not void. It extends year by year until you have lived there 5 years, or 7 if the landlord is a company. The only exception is the own-use recovery, and only if your contract reserves it.

Does the term start on the signing date or when I get the keys?

It counts from the contract date or, if later, from the day the home is actually handed over to you. Make sure the contract states the start date clearly so there is no doubt.

What can I do if the landlord reclaims the home and does not move in?

If neither the landlord nor the named relative moves in within 3 months of you leaving, you can choose between two things. You can go back into the home for the rest of the contract, with the landlord paying the moving costs both ways.

Does the 5-year rule apply to a seasonal or commercial let?

No. Genuine seasonal lets (for work or study) and commercial leases have freely agreed terms. The seasonal let must really be temporary, so check the contract's purpose.