Can the landlord recover the rented flat if they need it for themselves or for a child?

Question

José Manuel Alburquerque · Accepted Answer

Yes, but only if all the legal requirements are met. The landlord must be an individual, the first year of the tenancy must have passed and the option of recovering the home because the landlord needs it must have been included in the agreement from the moment it was signed. In addition, the landlord must need the home as a permanent residence for themselves, their children or their parents, or for their spouse following a final judgment of separation, divorce or annulment. The landlord must give the tenant at least two months' notice and explain the reason. If the landlord then does not occupy it within three months, the tenant can return to the flat or claim compensation. The requirements The landlord must be an individual. A company cannot recover the home by this route. At least the first year of the tenancy must have passed. This option is intended for the first five years. The agreement must state expressly, from the time it is signed, that the landlord may recover the home if they need it. The law requires this in agreements signed since 6 March 2019. The home must be for the landlord themselves, their children or their parents, including by adoption, or their spouse following a final judgment of separation, divorce or annulment, to live in permanently. It does not apply to siblings, grandchildren or other relatives. The landlord must notify the tenant at least two months before the date on which they need the home, explaining the reason. The tenant must leave within that period, unless they agree otherwise. If the landlord then does not occupy the home If, three months after the tenancy ended or after the tenant left, neither the landlord nor their relative has moved in, the tenant has thirty days to choose between these two options: Returning to the home for a new period of up to five years, on the same terms. In addition, the landlord must pay the costs the tenant incurred in having to move out. Receiving one month's rent for each year that remained until the five years were completed. For example, with a rent of 900 euros and the home recovered at the end of the second year, that comes to 2.700 euros, for the three years that were left. None of this applies if occupation was not possible because of force majeure, that is, an unforeseeable or unavoidable event that prevented it. Worth knowing The reason must be genuine. If the tenant disputes it before a judge, it will be for the landlord to prove it. If the tenant does not leave within the period, the landlord has to bring a claim in court and, before that, attempt negotiation or mediation, as the law has required since April 2025. When the five years are up, the landlord does not have to rely on any need, because they can choose not to renew by giving four months' notice. The landlord's need can also be used to oppose the extraordinary extensions that the tenant may ask for at the end of the tenancy.