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Apartment Rental The rental law is changing forever: tenants will be able to remain in the property, even if the owner does not want to renew the contract- El Cronista

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The rental law is changing forever: tenants will be able to remain in the property, even if the owner does not want to renew the contract - El Cronista​


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November 07, 2024

A reform that redefines rights and obligations in the real estate market.


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The recent amendment to the rental law in Spain has brought about a significant change for tenants . With this new regulation, those who rent a property have the possibility of remaining in the property even if the owner decides not to renew the contract . This development seeks to give greater stability to tenants and protect their rights in an increasingly competitive market.


As rent prices continue to rise, many see this law as a necessary response to those who face difficulties in accessing decent and safe housing . However, this measure has also generated diverse opinions and has opened the debate on the rights of landlords.


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The rental law is being changed forever: tenants will be able to remain in the property, even if the owner does not want to renew the contract. (Image: file)

The right to remain in the home

The amendment introduces a right of permanence that allows tenants to continue living in the home once the contract has expired. The regulations of the Ministry of Housing and Urban Agenda establish that, for contracts signed after March 6, 2019, if the agreed duration is less than five years (when the owner is a natural person) or seven years (if it is a legal entity), the contract will be automatically extended until completing those five or seven years, respectively.

During this period, tenants are guaranteed the right to remain in the property, as long as they are up to date with payments and comply with the conditions of the original contract, as detailed in article 10 of the Urban Leasing Law . This only applies in cases where the tenant is up to date with payments and has complied with the conditions established in the original contract.

This change in the law responds to a demand from social groups who believe that the Spanish real estate market needs adjustments to guarantee affordable housing . According to experts, this could reduce the constant turnover in rental housing and provide a respite for those tenants who want to stay in their homes.

Impact for owners

From the point of view of the owners , this regulation implies a limitation on their ability to freely dispose of their properties at the end of the original contract. Owners who planned to sell the property or increase the rent will have to adapt to the new provisions and, in some cases, negotiate the continuation of the tenant at a price regulated by law.

Property owners' associations have expressed their concern, pointing out that this reform could discourage the supply of rental housing, as many owners could opt for other, less regulated forms of investment. They also argue that this imposition could affect their right to decide on the fate of their property, a central point that has generated intense debate in the sector.

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The rental law is being changed forever: tenants will be able to remain in the property, even if the owner does not want to renew the contract. (Image: file)

Divided opinions in the real estate sector

The reform of the rental law has been received with mixed opinions. On the one hand, organizations defending tenants' rights consider that this measure provides an indispensable level of security in times of economic instability and growing demand for rentals. They see this law as a step towards a more equitable and regulated rental market that responds to the needs of today's society.

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