Commercial lease in Spain 2026: everything you need to know

Legal framework

Commercial leases in Spain are governed by LAU Title III (Arts. 29-35). The regime is largely dispositional, parties freely agree on duration, rent and other terms. The 2023 Housing Act does not apply to commercial premises.

Duration and rent: freedom of contract

No minimum or máximum term. Typical structure: 5-year initial term + annual renewals + unilateral early-exit clause with 4-6 months' notice. CPI indexation is valid for commercial leases. A rent-free fit-out period (1-6 months) is standard.

Assignment (traspaso)

Transfers the lease with the business. Requires one month's notice to the landlord, who has right of first refusal (tanteo) and is entitled to a 10% rent uplift. Subletting without consent entitles the landlord to terminate.

Eviction

Same summary procedure as residential leases (Art. 250.1.1º LEC) but without tenant protection measures under the 2023 Housing Act. Typical timeline: 1-3 months to enforcement.

Lexiel helps real estate and commercial lawyers draft commercial lease agreements, negotiate assignment clauses and structure rent arrears and early termination disputes.