What happens if I leave the flat before the tenancy ends? Do I have to pay anything?

Question

José Manuel Alburquerque · Accepted Answer

If at least six months have passed since the tenancy began and you give the landlord thirty days' notice, you can leave whenever you wish. In agreements signed since 8 October 2026 you do not have to pay any compensation for doing so. In earlier ones you may have to pay one month's rent for each year still to run, or the proportional part, but only if the agreement says so. If you leave before the six months are up or without giving notice, the landlord can claim damages from you for the loss this causes. How to leave without breaching the agreement Once the first six months have passed, give the landlord at least thirty days' notice in writing, in a way that leaves proof of the date, such as a “burofax”, a certified letter with proof of content. Until that period ends, you must keep paying the rent. If the agreement was signed for one year and has since been extended, you can also choose not to renew it at the end of any of those extensions, giving thirty days' notice. In principle that is not leaving early and does not give rise to compensation. In temporary residential tenancies signed since 8 October 2026, those based on a reason such as a job or studies away from home, you can leave once a month has passed since signing, giving ten days' notice and without compensation. When you hand over the keys, it is advisable to sign a document with the landlord recording the date of handover and the condition of the home. If the agreement predates 8 October 2026 Until that date, the law allowed the parties to agree that a tenant who leaves early would pay one month's rent for each year of the agreement still to run. Periods of less than a year are paid proportionally. If your agreement has that clause, it remains valid in principle, because the reform does not apply retrospectively. If it does not, there is no compensation. For example, with a rent of 1.000 euros and a five-year agreement, someone who leaves after three years and six months would have to pay 1.500 euros, for the year and a half remaining. In agreements signed since 8 October 2026 that clause is no longer valid, even if it is included. If you leave before six months or without giving notice The law does not allow this and it is a breach of the agreement. The landlord can claim damages from you, which are usually the rent they lose until they let the home again within a reasonable time. The courts tend to reduce that amount. If what is missing is the thirty days' notice, the landlord will usually claim the rent for those days.