If you are renting a property in Spain and wish to leave the property early, you are within your rights to do so. The law allows tenants in Spain to leave a property if at least six months of the contract have passed, also known as the minimum obligatory stay in Spain. So, can you leave a rent contract early in Spain? Yes, but it could be costly. When terminating a contract early in Spanish rentals, one should be aware this is can incur a cost, specifically, one month's rent for each year that remains to be fulfilled.
Article 11 of the Ley de Arrendamientos Urbanos in Spain (Urban Lease Law) establishes a period of six months for tenants to unilaterally withdraw from the lease, i.e. they can leave the property before the agreed duration.
In order to be able to cancel the contract, two requirements must be met:
- That at least six months have passed since the contract was signed.
- The tenants must inform the landlord of their intention to cancel the lease at least thirty days in advance.
This can result in the imposition of a compensation to be paid by the tenant to the landlord as long as it appears in the contract.
If there is no compensation mentioned in the contract, you can leave without paying anything to the landlord, as long as you meet the previously mentioned requirements.
On the other hand, if compensation for leaving a rental early is included in the contract, the amount of the indemnity is equal to one month's rent for each year that remains to be fulfilled. This means, for example, if you have a one year contract but leave after six months, you will have to pay half a month's rent, which is the proportional part of the compensation established by law. Thus, the amount of compensation will vary according to the time of the contract that remains to be fulfilled.
In order to avoid hefty penalisation, if it is not clear that you will live in the property for a certain period of time, we should agree on short periods of time and extend the contract from year to year. This is better than agreeing a five-year contract that will mean paying more if we want to leave earlier.
Everything you need to know about tenant guarantee insurance in Spain
When renting a home, it’s natural to have questions about the options that ensure peace of mind for both you and the landlord. This guide answers the most frequently asked questions about tenant guarantee insurance, a solution designed to protect you while giving your landlord confidence.
Tenant guarantee insurance in Spain
In the rental market, security and confidence are essential for landlords, agencies and tenants alike. That’s why idealista and Aserta are launching a new tenant guarantee insurance – an innovative, exclusive product designed to offer peace of mind and ensure balance for all parties.
idealista's rent revolution with first tenant rent guarantee insurance
Amid a rental market plagued by limited supply and soaring prices, idealista is introducing an innovative rental insurance policy for tenants. The plan covers up to 12 months of unpaid rent, along with water, electricity and gas bills, should the tenant be unable to pay. It also includes legal expenses related to eviction proceedings or claims for outstanding amounts, offering comprehensive protection in uncertain times.
Málaga keeps its promise and suspends new tourist accommodation licences for three years
Málaga has taken a major step to balance its booming tourism sector with the local housing market. The city council has confirmed that it will suspend new licences for tourist accommodation for the next three years, following a promise made by Mayor Francisco de la Torre. This comes as part of a wider update to Málaga’s General Urban Development Plan (PGOU) and will remain in effect until new regulations are approved.
Differences between tourist rentals and seasonal lets in Spain
Discover the key differences between tourist rentals and seasonal lets in Spain, from legal requirements and contract lengths to taxation and tenant rights. Whether you're a property owner or tenant, understanding these distinctions is essential for making informed decisions in the Spanish rental market.
