Many tenants believe that leaving a flat and handing over the keys is enough to end a rental agreement. However, a recent ruling by the Provincial Court of Huesca shows that this assumption can be costly.
The court upheld an order requiring a tenant to pay €2,758 in unpaid rent, ruling that she never formally returned the property to its owner. The key issue is not whether the tenant continued to live in the property, but the lack of proof that possession was effectively returned to the owner.
When is a rental agreement considered to have ended?
A lease agreement does not automatically end when the tenant leaves. For the lease to terminate with full legal effect, the landlord must regain possession of the property, which requires proof that the landlord is aware that the dwelling has been handed over. Simply abandoning the property is not sufficient.
In the case in question, the owner filed a lawsuit claiming seven months’ rent (from September 2023 to March 2024) after they hadn't received a formal notice of termination or the keys to the property.
The tenant argued that she had left the flat at the end of September and left the keys inside after notifying the landlord. However, she could not prove either the handover of the keys or that the owner had regained possession at that time, leading the courts to reject her claim.
Claim for rent for not returning keys
The Court of First Instance and Preliminary Investigation of Boltaña ruled in favour of the landlord, declaring the rental contract terminated and ordering the tenant to pay the claimed rent, plus legal interest.
The tenant appealed, arguing that the landlord had refused to collect the keys and inspect the flat, claiming this was an attempt to avoid returning the deposit. However, the Huesca Provincial Court rejected these arguments and upheld the original ruling.
Informally handing over keys does not terminate a rental agreement
The provincial court recalls that both Article 11 of the Urban Leasehold Law and Article 1561 of the Civil Code oblige the tenant to return the property at the end of the contract and that this does not simply mean leaving, as it requires actual and effective handover, usually by means of a formally documented and verifiable handover of the keys, allowing the owner to check the condition of the property.
It is not enough simply to state the intention to leave or to leave the keys inside the property without clear proof that the landlord recovered possession of the property and had a genuine opportunity to check its condition.
If the keys are not effectively handed over, the lease remains in force
The Court highlighted that there was no proof that the keys were handed over in September 2023. In fact, they were found months later, in March 2024, inside the property, with no record of when or under what conditions they had been left – meaning a valid handover in September 2023 could not be established.
Given this lack of evidence, the court concluded that the tenancy had not been terminated, and the contract remained in effect until March 2024, legitimising the claim for rent accrued throughout that period.
Consequences of not formally returning the rented property
The ruling reinforces a key principle: until the effective return of the property is proven, the tenant remains obliged to pay rent, even if they no longer live in the dwelling.
Leaving the keys inside does not terminate the contract without evidence that the owner has received them and had the opportunity to verify the property’s condition. If the handover of possession cannot be proven, the lease remains in force.
In this case, the tenant was required to pay seven full monthly instalments, from September 2023 to March 2024, because she had not demonstrated a valid handover of possession.
The ruling offers a clear lesson for landlords and tenants: to avoid disputes and financial claims, the termination of a lease should involve handing the keys directly or reliably to the landlord and, where possible, conducting a joint inspection of the property’s condition.
Although not legally mandatory, signing a key handover document at the end of a tenancy is strongly recommended, as it is the simplest way to prevent later disputes over rent, deposits or the state of the property.
