When does an old-style protected tenancy (“renta antigua”) end?

Question

José Manuel Alburquerque · Accepted Answer

An old-style protected tenancy (“renta antigua”), a residential tenancy signed before 9 May 1985, does not end through the passage of time while the tenant is alive. It is subject to compulsory extension (“prórroga forzosa”), which means that the landlord cannot end it because the agreed date arrives. It ends, above all, when the tenant dies and there is nobody who can take their place or when the person who had already taken their place dies, because since 1995 the law has severely limited such successions. If a child stays on, as a general rule the tenancy lasts only two more years or until the child turns 25, if that is later. It can also end earlier because of non-payment or another ground for termination, or by agreement between the parties. While the tenant is alive These tenancies are still governed by the 1964 tenancy act, with the changes introduced by the 1994 act. The tenant can stay for as long as they live and comply with the agreement, even if the agreed term has passed. The landlord can only end it on the grounds provided for in that act, such as non-payment or the tenant leaving the home unoccupied for more than six months in a year without good reason. It is also common for it to end by agreement, for example if the landlord offers a sum of money for the tenant to leave. All this applies to homes, because old-style protected leases of commercial premises have different rules. When the tenant dies Since 1995 only the following people can take the tenant's place, in this order: The spouse who was not separated, either legally or in fact, or the partner who had lived with the tenant for at least the previous two years, or for less if they had children in common. The tenancy lasts until that person's death. If at that point children of the tenant are living with them, one of those children can stay under the rule for children that follows. If there is no spouse or partner, the children who had lived with the tenant for the previous two years. The tenancy ends after two years or when the child turns 25, if that is later. If the child has a disability of 65 % or more, it lasts for the child's whole life. If there are no children either, the parents or grandparents who were dependent on the tenant and had lived with the tenant for at least the previous three years. The tenancy ends on their death. If the person now living in the flat had already taken the place of the original tenant before 1995, only one more succession is possible, in favour of their spouse or, failing that, their children who had lived with them for the previous two years, under the same rules. If there have already been two, no further succession is possible and the tenancy ends on that person's death. And if between 1995 and 2004 a child over 65 or a child receiving a retirement pension or a permanent absolute disability or severe disability pension stayed on, the tenancy lasts until that child dies. In every case, whoever wishes to stay must notify the landlord in writing within three months of the death and prove that they habitually lived in the home with the deceased. An example and what happens at the end A woman with a “renta antigua” tenancy dies in 2026. She had no spouse or partner and had been living for more than two years with her son, aged 40. The son can stay, but the tenancy will end two years later, because he has already turned 25. If he had a disability of 65 % or more, it would last for his whole life. When the tenancy ends, the occupant has to leave. If they do not, the landlord has to apply to the court for eviction, after attempting the negotiation that the law has required since April 2025. If the occupant is vulnerable, the judge can suspend the eviction for a time. The landlord cannot change the locks or cut off the utilities on their own initiative.