How long do tenancy agreements signed before 2019 last?

Question

José Manuel Alburquerque · Accepted Answer

It depends on the date of signature, because each tenancy is governed by the law in force when it was signed. Those signed between 1995 and 5 June 2013 last at least five years, with a subsequent extension of up to three. Those signed between 6 June 2013 and 5 March 2019 generally last at least three years, with an extension of one more. Almost all of them have already completed those periods and, if the tenant is still in the flat without having signed another agreement, they are usually in tacit renewal (“tácita reconducción”), a contract that renews month by month. Even so, the tenant can now ask for one of the extraordinary extensions. The terms according to the date of signature Those signed before 9 May 1985 are old-style protected tenancies (“renta antigua”) and do not end through the passage of time while the tenant is alive. Those signed between 9 May 1985 and 31 December 1994 last for the agreed term, without compulsory extension (“prórroga forzosa”). Those signed between 1 January 1995 and 5 June 2013 last at least five years, although the tenant can leave at the end of each year. After that, if neither party gives one month's notice, they are extended for up to three more years, year by year. Those signed between 6 June 2013 and 18 December 2018 last at least three years. After that, if neither party gives thirty days' notice, they are extended for one more year. The same applies to those signed between 24 January and 5 March 2019. Those signed between 19 December 2018 and 23 January 2019, under a decree that was only in force for that month, have today's terms. They last at least five years, or seven if the landlord is a legal entity, such as a company, plus an extension of up to three. If the agreement provided for a longer term, the agreed term applies. What happens when they end When the term and its extensions run out, the tenancy ends. If the tenant stays in the flat for another fifteen days with the landlord's consent and without the landlord having asked them to leave, there is tacit renewal. It is a new contract, on the same terms except for its length, for the period by which the rent is paid, normally one month, which keeps renewing as long as nobody ends it. In principle, the landlord can end it by giving written notice before the current month ends. The prudent course is to give notice well in advance and by a method that leaves a record, such as a “burofax”, a certified letter with proof of content. The extensions that can be requested today Even if the tenancy is old, the tenant can now ask for these extraordinary extensions, depending on the stage the tenancy has reached: Since 8 October 2026, one of up to two years, year by year, which also covers tenancies in tacit renewal. It requires the tenant to be up to date with the rent and to have been so for the previous eight months. The landlord can only refuse in certain cases, such as needing the home for themselves or for a relative. Nor does it apply if the parties agree a new contract with a rent at least 5 % lower than the current one. In stressed residential market areas (“zonas tensionadas”), like Barcelona, one of up to three years, year by year, when the term of the tenancy or its extension ends. It cannot be added to the two-year one. If the tenant is in a vulnerable situation and proves it with a report from social services from the last year, one of up to one year when the term or the extension ends, which the landlord must accept if they are a large-scale landlord (“gran tenedor”), that is, if they have many homes. The last two are requested when the term or the extension ends. It is not clear that they apply to tenancies that already run month by month.