Can the landlord refuse the extraordinary extension?

Question

José Manuel Alburquerque · Accepted Answer

Only in the cases provided for by law, which vary according to the extension the tenant asks for. In the extension of up to two years that has existed since 8 October 2026 and in the extension of up to three years in stressed residential market areas (“zonas tensionadas”), areas declared as such because of high rents, the landlord can refuse if both parties agree on different terms, if they sign a new agreement or if the landlord needs the home for themselves or one of the relatives allowed by law to live in. The one-year extension for vulnerability only binds a large-scale landlord (“gran tenedor”), a landlord with many homes, who can avoid it by signing a new agreement. If the landlord refuses without a valid reason, a tenant who asked for it in time can stay. The extension of up to two years The landlord must accept it, except in these cases: Where both parties have agreed on different terms. Where they have signed a new agreement, or where they renew the agreement or sign a new one with a rent at least 5 % lower. Where the landlord needs the home for themselves or their relatives to live in, on the same terms as when the landlord recovers the home during the tenancy because they need it. The landlord must give two months' notice and explain the reason, which must be genuine and capable of being proved. Here the agreement does not need to have contained the necessity clause. Where the tenant is not up to date with the rent or has not been so every month for the previous eight. The extension in stressed residential market areas In Barcelona and the other municipalities declared a stressed residential market area, the tenant can ask for an extension of up to three years, year by year, which any landlord must accept except in these cases: Where the parties have agreed on different terms. Where they sign a new agreement that respects the rent limits for the area. Where the landlord has given notice, two months in advance and explaining the reason, that they need 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. This extension does not require the tenant to be up to date with the rent, although non-payment is still grounds for eviction. In a stressed residential market area it is in principle this extension that applies, not the two-year one, because it takes precedence. Other situations The extension of up to one year for a vulnerable tenant, who must prove it with a report from social services issued within the last year, only binds a large-scale landlord. It no longer applies if the parties sign a new agreement. If the landlord refuses without one of these grounds, a tenant who asked for the extension in time does not have to leave. If the landlord brings a claim for eviction at the end of the tenancy (a possession claim), it should not succeed. If the landlord claims a need and then does not occupy the home, they may have to take the tenant back or pay the tenant compensation.