How much notice do you have to give not to renew the tenancy?
It depends on who is giving notice and on the stage the tenancy has reached. When the five years are up, or seven if the landlord is a legal entity, such as a company, the landlord must give at least four months' notice and the tenant at least two. Before that point the landlord cannot prevent the tenancy from being extended, whereas the tenant can choose not to renew at the end of each year by giving thirty days' notice. During the three years of extension that may follow, only the tenant can choose not to renew, with one month's notice.
Alburquerque Abogados
José Manuel AlburquerqueThe notice periods, one by one
- During the first five or seven years, the tenant can choose not to renew at the end of each year by giving thirty days' notice. Once the first six months have passed, the tenant can even leave at any time with that same notice. The landlord cannot prevent the extension, unless the landlord recovers the home because they need it, in the cases allowed by law, by giving two months' notice.
- When the five or seven years are up, or when the agreed term ends if it was longer, the landlord must give notice at least four months beforehand and the tenant at least two months beforehand.
- During the extension of up to three years that follows, the tenant can choose not to renew at the end of each year by giving one month's notice. The landlord cannot bring it to an end.
- When that extension ends, the tenancy comes to an end. If the landlord wants to recover the home, it is advisable to say so in writing before the end, so that the tenancy does not carry on month by month.
- In older tenancies that already run month by month, because the tenant stayed on when the agreement ended without anyone objecting, it is in principle enough to give notice before the current month ends. Even so, it is advisable to allow a reasonable margin.
How to count and how to give notice
Months are counted from date to date. For example, if the tenancy reaches five years on 1 March, the landlord must give notice before 1 November of the previous year and the tenant before 1 January. It is best not to cut it fine.
The law does not require any particular form, but whoever gives notice must be able to prove that the notice arrived in time and what it said. The safest option is a “burofax” (a certified letter) sent with certification of its content and acknowledgement of receipt, or a formal demand served by a notary. If the landlord has a reason for not renewing, such as needing the home for themselves or a child to live in, it is advisable to explain it in the notice.
If the notice arrives late
If the landlord gives less than four months' notice, the notice does not prevent the extension. The tenancy enters the extension of up to three years, which the landlord can no longer cut short. If it is the tenant who gives notice late, the tenancy is also extended, but the tenant can leave earlier by giving thirty days' notice. If the tenant's agreement predates 8 October 2026, it may provide for compensation for leaving early.
Even if the landlord gives notice in time, the tenant can ask for an extraordinary extension if they are entitled to one, for example if the home is in a stressed residential market area (“zona tensionada”), declared as such because of high rents, like Barcelona.
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.