Termination of Residential Tenancy in Spain: Grounds, Eviction and Procedure (LAU 2026)

Termination of Residential Lease Agreements

A residential lease agreement (Ley 29/1994 de Arrendamientos Urbanos; LAU, the Spanish Urban Leases Act) may be terminated on various grounds. Article 27 LAU governs the causes for termination by operation of law (resolución de pleno derecho), which may be invoked by either party or, in certain cases, only by the landlord.

Grounds for Termination of a Lease

1. Expiry of the Contractual Term (Arts. 9–10 LAU)

The minimum duration of residential leases is 5 years (7 years if the landlord is a legal entity). Upon expiry, the lease is automatically extended by a mandatory 3-year renewal period, unless the tenant gives notice that they do not wish to renew, or the landlord needs to recover the property for their own use or that of a first-degree relative, with 2 months' prior notice.

Eviction upon expiry of term: if the tenant remains in occupation after the renewal period has elapsed, the landlord may initiate juicio verbal de desahucio (summary eviction proceedings) on grounds of expiry of term.

2. Non-Payment of Rent (Art. 27.2.a LAU)

Failure to pay a single monthly instalment of rent entitles the landlord to terminate the lease and seek eviction of the tenant. This is the most common ground for litigation.

Eviction procedure for non-payment (Art. 439.3 et seq. LEC (Ley de Enjuiciamiento Civil), the Spanish Civil Procedure Act):

1. The landlord files a claim in summary eviction proceedings before the Tribunal de Instancia (Court of First Instance)
2. The claim may include a cumulative action for recovery of unpaid rent
3. The court serves notice on the tenant with a payment demand and a hearing date, together with an enforcement date (date of forced eviction, already set out in the admission order)
4. If the tenant pays or makes a deposit before the hearing → the eviction is "enervated" (proceedings are stayed), this may only occur once per lease agreement (Art. 22.4 LEC)
5. If the tenant neither appears nor pays → an eviction enforcement order is issued

Reform introduced by Royal Decree-Law 6/2023: Royal Decree-Law 11/2020 and its successive extensions (which expired in 2023) introduced special protections for vulnerable tenants, requiring a social services report before enforcement of eviction. Since 2024, the ordinary regime under Art. 22 LEC is fully in force.

3. Failure to Pay the Security Deposit (Art. 27.2.b LAU)

Non-payment of the security deposit (fianza) also constitutes grounds for termination. The deposit amounts to 1 month's rent for residential leases (Art. 36.1 LAU); the landlord may require additional guarantees by agreement (up to 2 additional monthly instalments for long-term leases).

4. Wilful Damage to the Property (Art. 27.2.c LAU)

Intentionally causing damage to the leased property, or carrying out works without the landlord's consent, entitles the landlord to terminate the lease.

5. Subletting or Assignment without Consent (Art. 27.2.e LAU)

Subletting or assigning the lease without the landlord's express consent constitutes grounds for termination. In residential leases, assignment is only permitted in the circumstances set out in Art. 12 LAU (death of the tenant).

6. Nuisance, Harmful, or Unlawful Activities (Art. 27.2.f LAU)

Activities causing nuisance (noise, vibrations), danger, health hazards, or unlawful activities, or those causing damage to the property, entitle the landlord to terminate the lease.

7. Landlord's Own Need for the Property (Art. 9.3 LAU)

The landlord may recover the property before the end of the 5-year term if they need it for their own use or for that of first-degree relatives (parents, children, or spouse following a judicial separation or divorce). This requires:

• 2 months' prior notice to the tenant
• Effective occupation within 3 months of the tenant vacating (if the landlord fails to occupy the property, the tenant may claim the right to return or to be compensated with one month's rent for each year remaining on the lease)

Summary Eviction Proceedings: Juicio Verbal de Desahucio (Arts. 250 et seq. LEC)

Jurisdiction

The Tribunal de Instancia (Court of First Instance) in the location of the leased property has jurisdiction (Art. 52.1.7 LEC).

Urgent Procedural Timelines (Reform introduced by LO 1/2025: Ley Orgánica 1/2025)

Since 2025, summary eviction proceedings are given priority listing: the hearing is scheduled within 10–30 days of notification. The admission order already includes the enforcement date (date of forced eviction), which applies if the tenant fails to appear or fails to pay.

Early Submission (Allanamiento Anticipado) (Art. 437.4 LEC)

If the tenant notifies the court that they will voluntarily surrender possession before the date set for the hearing, they may avoid an award of costs against them.

Suspensión on Grounds of Vulnerability

Where the tenant demonstrates vulnerability (low income and no alternative housing), social services may request a suspensión of the eviction enforcement for a máximum period of 1–3 months (private landlord) or 3–6 months (large institutional landlord). This regime is subject to ongoing legislative review.

Commercial Leases

In leases for purposes other than residential use (commercial premises, Arts. 29–35 LAU), the grounds for termination are those set out in Art. 1569 CC (Código Civil, the Spanish Civil Code) plus any grounds agreed upon in the contract. Summary eviction proceedings for non-payment follow the same procedure under the LEC.

Conclusion

Eviction proceedings (desahucio) are among the most frequently litigated matters in civil practice for many law firms. Landlords should act swiftly upon the first missed payment to prevent the accumulation of debt. The reform introduced by Royal Decree-Law 6/2023 has stabilised the ordinary procedural regime, although vulnerability-based suspensions remain a source of uncertainty.

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