Do I have to allow viewings of the flat by buyers or prospective tenants?

Only if your tenancy agreement provides for it. The “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, does not oblige the tenant to allow viewings by buyers or prospective tenants, but many agreements include a clause that permits them, for example in the last few months or if the flat is put up for sale. That clause binds you, although the landlord must use it in good faith, with prior notice and on reasonable days and at reasonable times. If the agreement says nothing, you can refuse. In many cases, however, it will be in your interest to reach an agreement.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

If the agreement provides for viewings

  • You must allow them on the terms set out in the clause.
  • The landlord or the letting agent must give you notice in good time and propose reasonable days and times. They cannot require daily viewings or viewings at any time of day.
  • You can be present. If you would rather not be, have it put in writing who will go in and when.
  • If you refuse without good reason, you are in breach of the agreement and may have to compensate the landlord for any loss you cause.

If the agreement says nothing

You can refuse. Even so, to keep a good relationship with the landlord it is usually worth cooperating. If you agree, set out in writing the days, the times and whether you will be present.

Worth knowing

  • Nobody can come in with the visitors without your permission. Even if the agreement provides for viewings, if one day you do not open the door to them, the landlord cannot go in on his or her own initiative, not even with his or her own key. What the landlord can do is demand that you comply.
  • Your permission is also needed to take photos or videos of the flat with your belongings in it for the advertisement.
  • The sale of the flat does not, in principle, oblige you to leave. The buyer has to respect your tenancy agreement and you normally have the right to buy the flat in preference to others (a pre-emption right), at the same price and on the same terms.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.