What rights does the tenant of commercial premises have?

Question

José Manuel Alburquerque · Accepted Answer

Those granted by the lease and, where the lease is silent, those the law gives the tenant of commercial premises. Unless the lease says otherwise, a tenant who runs a business in the premises can assign the lease or sublet without the landlord's permission, the tenant's heirs can carry on the business, the tenant can buy the premises ahead of anyone else if they are sold and, in some cases, can receive goodwill compensation when the lease ends. There are other rights that the lease cannot take away, such as having the statutory deposit (“fianza”) returned with interest if repayment takes more than a month or not being obliged to take out rent guarantee insurance. On the other hand, the tenant does not have the rights specific to the tenant of a home, such as a minimum term or a cap on rent increases. What the law gives the tenant unless the lease says otherwise To use the premises for the agreed activity and to have the landlord carry out the repairs needed to keep them fit for that use, except repairs of damage caused by the tenant. Minor repairs arising from everyday use are for the tenant. Since 8 October 2026, the new residential procedure may also apply to commercial premises. If the landlord does not respond within fifteen calendar days to the tenant's written repair request, accompanied by a quote, the tenant can carry out the repair and deduct it from the rent. A rent reduction, in proportion to the part of the premises the tenant cannot use, if the landlord carries out improvement works that cannot wait until the end of the lease. If works needed to keep the premises in repair, or works ordered by the authorities, make them unusable, the tenant can suspend the lease or treat it as terminated without compensating the landlord. To assign the lease or sublet the premises without the landlord's permission, if the tenant carries on a business or professional activity there. The tenant must give notice in a way that provides reliable proof, that is, so that there is a record of it, within the following month. The landlord can raise the rent by 10 % if part of the premises is sublet and by 20 % if the lease is assigned or the whole is sublet. For the tenant's heirs to carry on the business. An heir who continues the activity can do so by notifying the landlord in writing within two months of the death. To buy the premises if the landlord sells them, at the same price and ahead of a third party, or to acquire them afterwards if the tenant was not notified. These are the pre-emption rights, the right of first refusal (“tanteo”) and the right to buy back (“retracto”). To have anyone who buys the premises honour the lease. The exception is a buyer who registers the purchase at the “Registro de la Propiedad” —the Land Registry— without knowing about the tenancy, if the lease was not registered. Goodwill compensation when the term ends, if the tenant has run a shop selling to the public for at least five years and the other legal requirements are met. What the lease cannot take away The deposit, of two months' rent, cannot be updated during the first five years of the lease, or seven if the landlord is a legal entity. It must also be returned with interest at the statutory rate (“interés legal del dinero”) if repayment takes more than a month from the handover of the keys. The tenant cannot be obliged to take out rent guarantee insurance and must be given the lease in writing if he or she asks for it. The tenant can stop an eviction for non-payment once by paying everything owed within the ten-day period given by the court. The tenant cannot do so if the landlord demanded payment in a way that provides reliable proof at least thirty days before bringing the claim and the tenant did not pay. What the tenant does not have Unlike the tenant of a home, the tenant of commercial premises is not entitled to: A minimum term or mandatory extensions. Leave early without paying anything, unless the lease says so. A cap on rent increases. Have the “IBI” (the local property tax) and the letting agent's fees always paid by the landlord. A limit on the guarantees that can be required in addition to the deposit.