My tenancy is ending and I have nowhere to go: can I be evicted?

Question

José Manuel Alburquerque · Accepted Answer

If the tenancy really has ended, yes, although having nowhere to go may give you time. First check that it has ended, because the law extends it in many cases. It may be that the landlord did not give you notice in time that the tenancy would not be renewed or that you can ask for an extraordinary extension, which you should request in writing before the tenancy ends. If you are sued and you are in a vulnerable situation, go to the social services, because the judge can suspend for a few months the eviction by the court bailiffs (the “lanzamiento”). As long as you remain in the property, keep paying the rent. Check whether it has ended During the first five years, or seven if the landlord is a legal entity, such as a company, the tenancy is extended year by year even if it was signed for a shorter period. The landlord cannot end it except on specific grounds, such as non-payment or the landlord needing the property for themselves or for their parents or children if the contract provided for it. When that period ends, the landlord had to give you at least four months' notice that the tenancy would not be renewed. If the landlord did not, the tenancy continues year by year for up to three more years. You can leave at the end of each year by giving one month's notice. At the end of those three years, the tenancy ends. But if the landlord lets you stay on for more than fifteen days without asking you to leave, it may be treated as renewed month by month. The extensions you can ask for Ask for them in writing, by a means that leaves a record, before the tenancy ends: In Barcelona and the other stressed residential market areas (“zonas tensionadas”), those declared as such because of rising rents, up to three more years, year by year. The landlord must accept it, unless you agree otherwise, sign a new contract or the landlord has notified you in time that they need the property for themselves or for their parents or children. If your tenancy was in force on 8 October 2026, up to two more years, provided that you are up to date with payments and have been for the previous eight months. It is not added to the previous one. If you prove with a social services report from the last year that you are in a vulnerable situation and the landlord is a large-scale landlord (“gran tenedor”), as the law calls the owner of many homes, up to one more year. During the extension, the same terms of the tenancy continue to apply. If you stop paying, you will not be able to ask for the two-year extension and you will be exposed to eviction for non-payment. If you are sued Having nowhere to go does not give you the right to stay, but it may give you time. Before bringing a claim, the landlord must try to reach an agreement with you. Take the opportunity to ask the landlord in writing for a reasonable period to find another home. In the proceedings, if the flat is your principal residence, the court notifies the social services, which have ten days to report. If they find you vulnerable, the judge can suspend the eviction for up to two months if the landlord is an individual or up to four if it is a legal entity. If you have no other home, also ask about the suspension regime in force since 8 October 2026, which is longer, although it remains to be seen whether it extends to this kind of eviction. Go as soon as possible to your town council's social services and housing office, which can look for an alternative or tell you about the financial aid available. If you cannot afford a lawyer, apply for legal aid (“justicia gratuita”) as soon as you receive the claim.