Tenant's rights

Renting a property is currently one of the most popular options for those who are looking to become independent or simply to improve their living conditions and who do not have the possibility of buying. In this sense, as with the landlord, the tenant has a series of rights that must be known in order to preserve them from the very moment after signing and until the conclusion of the contract. Here we will take a look at them.

What are the rights of a tenant?

The tenant, also known as lessee, of a property or business premises, from the moment the contract is signed, acquires a series of obligations and, obviously, a series of rights with respect to the use of the property. These generally have to do with the use of the property and the conditions in which it is and should be.

Rights of the tenant with regard to the duration of the rental agreement

Any rental contract will have the duration that has been freely agreed by both parties, i.e. the tenant and the landlord. In this sense, if the contract is for a dwelling and its duration is less than three years, the tenant has the right to have it extended for an additional year when the contract expires. This right is retained until the three-year term is reached.

However, the law provides for the termination of this right under certain circumstances. For example, the landlord can express, 30 days before the expiry date, his wish not to renew the contract or any of its extensions or, similarly, to change the amount of the rent, although this is another matter.

If the contract does not refer to a fixed term, the law grants them a validity of one year subject to two further extensions up to three years. On the other hand, the right to such extensions is abolished when, in one of the clauses, the landlord expressly specifies his need to occupy the dwelling within a certain period of time for the purpose of making it his habitual residence.

In the event that the tenant is evicted and does not occupy the dwelling by himself, his spouse, his adopted children or any of his first degree relatives, the landlord is obliged to restore the tenant's rights of use and enjoyment of the dwelling for a further three years. In addition, the lessor must pay compensation to cover the expenses generated by abandoning the property or pay the lessee an amount equal to the rent derived from the remaining monthly payments until five years have elapsed since the signing of the contract.

Rights with respect to the conditions of the lease of the premises or dwelling

The laws relating to the rental of residential property state that the tenant will never lose this status even if he or she does not have his or her habitual residence in the rented property. However, this only applies if the tenant's dependent children or a spouse who is neither legally nor de facto separated live there. If this requirement is not met, the contract will be terminated.

Rights regarding withdrawal from the rental agreement

If the lease has an agreed duration of more than three years, the tenant may unilaterally withdraw from the contract within the term of the lease by giving the landlord at least two months' notice. It is possible that, within the clauses of the document, both parties agree on a compensation equivalent to one month's rent for each year remaining. If less than one year remains, the proportional part will be calculated.

On the other hand, in the event that the tenant decides to withdraw from the contract or not to renew it at the indicated time, the tenant's spouse may continue with the lease under the established conditions, provided that the tenant has not given his or her consent. In this respect, the landlord must send a request to the landlord for a response. If this is not done within fifteen working days, the contractual relationship will be deemed to be terminated and the corresponding indemnities will be collected, if applicable.

Rights of a tenant in case of sale of the rented property

Another quite common scenario is that, during the term of the rental contract, the landlord sells the rented property. If this happens, the person who acquires the property will be subrogated to the rights and obligations derived from the lease within a maximum period of five years from the signing of the contract, unless the agreed duration was three years.

In the event that the new owner decides to terminate the rental contract, he/she must do so under the same conditions as the original lessor and, in addition, compensate the lessee with a monthly payment for each year of the contract that remains to be completed, unless the sale of the property is agreed, which would mean the termination of the lease.

On the other hand, it should not be forgotten that the tenant has the right of first refusal in the event of the sale of the property. This means that, in the event that the owner receives a formal offer, he must notify the tenant and grant him a period of thirty calendar days to match it. In this sense, in the absence of such notification, if the landlord sells the property despite having a lower offer or in any other legal case, the tenant may exercise his right of withdrawal within 180 days and within 30 days in the event that he receives notification from the new buyer.

It should also be noted that neither the right of first refusal nor the right of withdrawal are valid in the event that the landlord proceeds to sell other properties that form part of the same property. This would be the case, for example, of a person who owns a complete residential building and sells it as a whole or in parts.

The tenant's rights in the event of work in the rented accommodation

It is possible that, due to an improvement of the installations or for reasons of force majeure, it may be necessary to carry out work inside the rented dwelling. In this sense, the tenant has the right to suspend the contract until the renovation is completed, which will exempt him/her from paying the rent and will stop the period of validity of the contract. The tenant also has the option to withdraw from the contract without having to pay compensation.

Conclusions on tenants' rights

Everything in this article appears in Law 29/1994, of 24 November, on Urban Leases, which you can refer to if you still have any doubts about the rights you have if you are a tenant of a property. Having said this, it only remains for us to say that we hope we have been of help, do not hesitate to contact us if you need help or advice from our lawyers specialised in civil law.