Can the landlord end the tenancy early?

Question

José Manuel Alburquerque · Accepted Answer

As a rule, no. During the first five years, or seven if the landlord is a legal entity, such as a company, the agreement binds the landlord even though the tenant can leave. The same applies during the extensions that follow. The landlord can only end it early if they need the home for themselves or their family on the terms laid down by law, if the tenant fails to meet their obligations, if both parties agree or in exceptional cases, such as the building falling into ruin. If the tenant does not leave, the landlord has to ask a judge and must never take the law into their own hands and throw the tenant out. When the landlord can do so If the landlord is an individual and needs the home for themselves, their children or their parents to live in, or for their spouse following a final judgment of separation, divorce or annulment. The first year must have passed, the agreement must provide for it and the landlord must give two months' notice explaining the reason. If the tenant is in breach. The law allows the agreement to be terminated if the tenant does not pay the rent or the expenses they are responsible for, if they do not pay the statutory deposit (the “fianza”), if they sublet or assign the flat without permission, if they deliberately cause damage or carry out works without consent, if there are activities in the home that are a nuisance, dangerous or unlawful, or if the home stops being used as a home. If both parties agree. It is best to put it in writing and sign it, with the date for handing over the keys and what happens to the statutory deposit. In exceptional cases, such as the loss of the home or an official declaration that it is in a state of ruin. What does not count A clause allowing the landlord to end the agreement whenever they wish. It goes against the statutory minimum term and is not valid. Wanting to raise the rent, let the home to someone else or sell it. If the landlord sells it, the buyer must respect the tenancy, at least during the first five or seven years. Ending the tenancy early by giving thirty days' notice. The law only gives that option to the tenant. How it is done Unless there is an agreement, the landlord has to ask a judge if the tenant does not leave, for example by bringing a claim for eviction for non-payment of rent. Since April 2025 the law has required the landlord to attempt negotiation or mediation before suing. What the landlord can never do is take the law into their own hands and throw the tenant out, for example by changing the locks or cutting off the utilities, even if the landlord is in the right.