If the landlord sells the premises, do I have to leave? Can I buy them before anyone else?

Question

José Manuel Alburquerque · Accepted Answer

In principle, you do not have to leave. The buyer takes the seller's place and must honour your lease, unless the lease is not registered at the “Registro de la Propiedad” —the Land Registry— and the buyer registers the purchase without knowing that the premises were let. In addition, the law gives you the right to buy the premises before anyone else and at the same price, unless your lease excludes it. From 8 October 2026, the law prohibits agreeing to such a waiver, but it is not clear that the prohibition extends to commercial premises. The buyer must honour the lease Anyone who buys let premises takes over the tenancy, that is, steps into the seller's place with the seller's rights and obligations. The same lease continues, with the same term and the same rent. The sale is not a reason to evict you or to put up your rent. The exception is a buyer protected by the Land Registry. If your lease is not registered and the buyer registers the purchase in reliance on the Land Registry, without knowing that the premises were let, the buyer can bring the lease to an end. This is unlikely to happen if the business is open or if the tenancy is mentioned in the deed of sale, because the buyer would then have known about it. The tenant of commercial premises does not have the special protection that the law gives the tenant of a home. If your lease is a long one or you have invested heavily in the premises, the safe course is to sign it as a public deed and register it at the Land Registry. The right to buy before anyone else Unless the lease excludes them, you have two rights: The right of first refusal (“tanteo”), which is the right to buy the premises for the same price and on the same conditions as are offered to someone else. The landlord must notify you in a way that provides reliable proof, using a method that leaves a record, that he or she is selling, at what price and on what conditions. From then on, you have thirty calendar days to decide. The right to buy back (“retracto”), which is the right to acquire the premises after the sale, paying the same as the buyer paid. It applies if you were not notified of the sale, if the notice was incomplete or if the premises were ultimately sold more cheaply or on better terms. You have thirty calendar days from when the buyer notifies you of the sale, with a copy of the deed. From 8 October 2026, these rights are no longer lost because the premises are sold together with other flats or premises in the building, provided that they can be legally separated from the rest. The notice must state what part of the total price corresponds to the premises and how it has been calculated. Waivers in the lease In commercial leases it used to be common to exclude these rights. The waiver was valid, because with commercial premises what is agreed prevails. From 8 October 2026, the law states that the tenant's waiver cannot be agreed. The rule is written for homes and applies to commercial premises by cross-reference, but for commercial premises the law gives priority to what is agreed, so it is not clear that the prohibition extends to them. If your lease predates that date, the waiver you signed is in principle valid. If it is later and contains a waiver, take advice before accepting it as valid.