What happens when the five years are up? Does the tenancy renew automatically?

Question

José Manuel Alburquerque · Accepted Answer

Yes, if nobody gives notice to the contrary. When the five years are up, or seven if the landlord is a legal entity, such as a company, the tenancy is automatically extended, year by year, for up to three more years, unless one of the parties gives notice that they do not wish to renew, the landlord at least four months in advance and the tenant two months in advance. During that extension the agreement stays the same and the tenant can leave at the end of each year by giving one month's notice. When the extension ends, the tenancy comes to an end, although in some cases the tenant can ask for it to be extended further. The extension of up to three years If neither party gives notice in time, the tenancy continues year by year for a maximum of three more years. In total, the tenancy can last up to eight years with a landlord who is an individual and up to ten with a legal entity. If the agreement was signed for a longer period, all of this applies when the agreed term ends. The extension is mandatory for the landlord, who cannot bring it to an end. The tenant, on the other hand, can choose not to renew at the end of each year by giving one month's notice, or leave earlier with thirty days' notice, because the law allows the tenant to end the tenancy at any time once the first six months have passed. The terms of the agreement remain the same, including the rent and how it is updated. For example, if the tenancy began on 1 February 2021 with a landlord who is an individual, the five years were completed on 1 February 2026. If nobody gave notice, the tenancy continues until 1 February 2027 and, if the tenant does not decide to leave, it can run until 1 February 2029. When the three years are up The tenancy ends on its due date. Even so, the tenant can ask for an extraordinary extension in any of these cases: If the home is in a stressed residential market area (“zona tensionada”), an area declared as such because of high rents, like Barcelona and much of Catalonia, the tenant can ask for up to three more years, year by year. Any landlord must accept it, save for exceptions such as needing to occupy the home. If the tenant proves a situation of social and economic vulnerability with a report from social services issued within the last year, they can ask for up to one more year. Only a large-scale landlord (“gran tenedor”), as the law calls a landlord with many homes, has to accept it. Since 8 October 2026 there has also been an extension of up to two years for some tenancies that were in force on that date, if the tenant is up to date with the rent. It cannot be added to the one for stressed residential market areas. These extensions can also be requested when the five or seven years are up, if the landlord has given notice that they will not renew. If nobody says anything or the tenant does not leave If, when the tenancy ends, the tenant stays in the home for another fifteen days without the landlord objecting, there is tacit renewal (“tácita reconducción”). It is a new contract that lasts one month if the rent is paid monthly and keeps renewing in the same way. Either party can end it by giving notice before the current month ends. So if the landlord wants to recover the home, it is advisable to say so in writing before the end date. If the tenant does not leave when they should, the landlord has to bring a possession claim in court. Since April 2025, before suing, the landlord must attempt negotiation or mediation. What the landlord cannot do is take the law into their own hands and throw the tenant out.