Homeowners must give their tenants four months’ notice, not 30 days’ notice, that the tenancy will not be renewed.
If homeowners fail to do so, they run the risk of the tenant being able to renew the lease for up to three years.
Homeowners must give the tenant four months’ notice, rather than the current 30 days’ notice, of non-renewal of the lease at the end of 5 or 7 years’ tenancy.
If the homeowner does not give notice within this period, he runs the risk of the tenant being able to extend the contract for up to 3 years, according to Royal Decree Law 7/2019 on Urgent Measures on Housing and Renting.
Specifically, this means that the contract will be renewed for a maximum of three more years if, upon expiry of the contract or its extensions and after at least 5 years of term, or 7 years if the homeowner is a legal entity, neither party has notified the other (at least four months in advance in the case of the homeowner and two months in the case of the tenant) that it does not wish to renew the contract.
Scope of application
This measure applies to all rental contracts concluded on or after 6 March 2019.
All this applies unless the tenant informs the homeowner, one month before the expiry of one of the annual instalments, that he/she does not wish to renew the contract.
Communication by the tenant
If it is the tenant who does not give the homeowner two months’ notice that he does not wish to renew the contract after its expiry, he runs the risk of the contract being renewed for another full year, which he must comply with or incur the penalty provided for.
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