The owners must communicate with 4 months and not 30 days that they do not renew the rent with their tenants

The owners of a rental housing They must notify the tenant four months in advance, and not with 30 days as they were used to, the non-renewal of the contract upon completion after 5 or 7 year rental.

This measure is in force in all rental contracts signed as of March 6, 2019, according to the general director of the Rental Negotiating Agency (ANA), José Ramón Zurdo.

If the owner does not make the communication in that period, You run the risk that the tenant may extend the lease for up to 3 years, according to Royal Decree Law 7/2019 on urgent measures in the field of housing and rent.

Specifically, if the expiration date of the contract arrives, or its extensions, and after at least 5 years of duration or 7 if the lessor is a legal person, neither party has notified the other (at least four months in advance in the case of the lessor and two in the case of the tenant) their will not to renew it, the contract will be obligatorily extended up to a maximum of three more years.

All of this unless the tenant expresses to the lessor, one month in advance of the termination date of any of the annuities, his will not to renew the contract.

What happens in reverse

When it is the tenant who does not communicate to the landlord two months in advance that at the definitive end of the contract he does not want to extend it again, he runs the risk that the contract will be extended for another full annuity that should meet or assume the foreseen penalty.

According Left handed, almost all notice periods regulated by the current Urban Leasing Law mark 30 days or a monthExcept for this measure, which penalizes the landlord with an excessively long period.

In this sense, it underlines that there are going to be many situations where an untimely communication out of time It will cause a large part of the rental contracts to last up to 8 years, in the case of private owners, and 10 years in the case of legal person landlords.

Likewise, it denounces that knowing the notice periods for the termination of housing leases is currently gibberish because they live together until seven laws or regulatory changes.

Constant patches

In this sense, he adds that the blame for this “legal mess” lies with the politicians by “patching” the Urban Leasing Law as it suited them with partial modifications instead of unifying all the regulatory changes, through a consolidated text.

ANA insists that in this context, knowing the rules that regulate housing leases is complex and confusing, even for professionals in the sector.


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