My tenancy is ending and my landlord wants to raise the rent: how much can it go up on renewal?

Question

José Manuel Alburquerque · Accepted Answer

First check whether your tenancy really is ending. During the first five years, or seven if the landlord is a legal entity, such as a company, the tenancy continues at the same rent and only the agreed annual increase is possible. The same applies during the extension of up to three more years that follows if the landlord did not give you four months' notice of not wanting to renew. If the landlord gave notice in time and offers you a new tenancy agreement, the rent can be set freely, but in a stressed residential market area (“zona tensionada”), such as Barcelona, where the law limits rents, it cannot exceed what you are paying, except for an extra 10 % in specific cases laid down by law. In addition, you can ask to stay on the same terms, for up to three more years in a stressed residential market area or up to two outside one, if you meet the requirements. While the tenancy continues During the first five or seven years, the tenancy is extended every year even if the landlord does not want it to be. The landlord can only recover the home before then if it is needed for the landlord or a close relative, in the cases provided for by law. When those years are up, if the landlord did not give you at least four months' notice of not renewing, the tenancy continues from year to year for up to three more years. Throughout that time the terms of the tenancy stay the same. The rent only changes with the annual increase under the clause, which until 31 December 2027 cannot exceed 2 % without a new agreement. A “renewal” at a higher rent is only a proposal and you can say no. If you sign a new tenancy agreement Outside stressed residential market areas, the rent is set freely by you and the landlord. In a stressed residential market area, the rent under the new agreement cannot exceed what you pay, updated in line with your agreement, nor can you be charged expenses you did not pay before. An extra 10 % is only allowed if refurbishment, energy-efficiency or accessibility works were carried out in the previous two years, or if the new agreement is for ten years or more. If the owner is a large-scale landlord (“gran tenedor”), which in Catalonia means anyone who owns five or more homes in the area, the rent cannot exceed the reference rent index of the “Ministerio de Vivienda”, Spain's Ministry of Housing, either. For example, if you pay 900 euros in Barcelona, the new agreement can be for no more than 900 euros, or 990 euros if one of those cases applies. The extensions you can ask for In a stressed residential market area, when the tenancy ends you can ask to stay for up to three more years, from year to year, on the same terms. The landlord can only refuse if you agree on other terms, if you sign a new agreement within the rent limits or if the home is needed for the landlord or a close relative. Outside a stressed residential market area, you can ask for up to two more years if your tenancy was in force on 8 October 2026 and its five or seven years end before 31 December 2028, or if what is ending is the extension of up to three years or the tacit renewal (“tácita reconducción”), the renewal that occurs when, once the extensions are over, nobody brings the tenancy to an end. You must be up to date with payments and have been so for the previous eight months. It does not apply if you and the landlord agree on other terms, sign a new agreement or renew at a rent at least 5 % lower. Nor does it apply if the home is needed for the landlord or a close relative. If you are in a situation of vulnerability certified by social services and the owner is a large-scale landlord, you can ask for one more year. Request the extension in writing before the tenancy ends. In the meantime, keep paying the usual rent.