Buying a Tenanted Property in Spain in 2026: LAU Article 14, Tenant Subrogation and Your Obligations to Existing Tenants

When you buy a Spanish property that has a sitting tenant, the sale does not extinguish the lease. Under Article 14 of the Ley de Arrendamientos Urbanos (LAU, Ley 29/1994), the purchaser is subrogated into the rights and obligations of the previous landlord for the first five years of the contract, or seven years if the prior landlord was a legal entity. The tenant also holds statutory first-refusal rights under Article 25 that the seller must honour before completion, and the Supreme Court tightened those rules in January 2026. A buyer who wants vacant possession must understand these rules, because an undisclosed tenant can delay occupancy for years.

Does the sale of a rented property terminate the lease in Spain?

No. The core rule is in LAU Article 14, titled “Enajenacion de la vivienda arrendada” (Sale of the leased dwelling). The article states that the adquirente (purchaser) of a leased home quedara subrogado, meaning the buyer is subrogated into the rights and obligations of the landlord for the first five years of the lease’s validity, or seven years if the previous landlord was a persona juridica (legal entity such as a company). This subrogation applies even if the buyer meets the requirements of Article 34 of the Ley Hipotecaria (the protected third-party registrant rule), which means a registered buyer in good faith cannot simply evict the tenant.

The five- and seven-year thresholds align with the statutory minimum lease duration set by LAU Article 9, which mandates that residential leases auto-extend annually until they reach five years for individual landlords or seven years for corporate landlords, unless the tenant gives notice to leave. After that minimum term, LAU Article 10 provides for a further tacit extension of up to three years if neither party gives notice. So a buyer purchasing a property in the second year of a lease from an individual landlord is bound for the remaining three years of the minimum term, plus potentially three more years of tacit extension.

If the parties to the original lease agreed that a sale would extinguish the tenancy (an uncommon clause), LAU Article 14 paragraph 3 provides that the buyer only needs to bear the lease for the time remaining to the five- or seven-year mark. However, the subrogation principle still applies during that remaining period.

The practical consequence is clear: a buyer who needs vacant possession for personal use, renovation, or resale should not assume the tenant will leave. The Spanish tenancy law guide covers the lease duration framework in more detail.

Can the subrogated buyer recover the property for personal use?

A subrogated buyer who is a persona fisica (individual, not a company) may recover the property for personal use under LAU Article 9.3, but only if the original lease contract expressly stated this need at the time of signing, and only after the first year of the tenancy has elapsed. The landlord must communicate the need to the tenant at least two months before the date the property is required, specifying the cause: permanent housing for the landlord, a first-degree family member, or a spouse in cases of separation, divorce or nullity.

If the landlord or the qualifying family member does not occupy the property within three months of the contract’s termination, the tenant can choose between reinstatement for a new period of up to five years with compensation for moving costs, or an indemnity of one month’s rent per remaining year up to the five-year mark. This penalty mechanism deters speculative personal-use claims. A subrogated buyer inherits this right from the original landlord only if the clause was in the original contract. A buyer who wants personal-use recovery should verify the lease contains this clause before completing the purchase.

What happens if the lease duration exceeds five or seven years?

LAU Article 14 paragraph 2 addresses the scenario where the agreed lease term is longer than the statutory minimum. In that case, the buyer is subrogated for the entire agreed duration, unless the buyer qualifies as a protected third-party registrant under Article 34 of the Ley Hipotecaria. If the buyer does qualify, the buyer only has to bear the lease for the time remaining to reach the five-year mark (or seven years for a corporate prior landlord), and the seller must indemnify the tenant with a sum equivalent to one month’s rent for each year of the contract that exceeds the five- or seven-year threshold and remains unfulfilled.

This provision creates a critical distinction. The Article 34 protection under the Ley Hipotecaria applies to a buyer who acquires the property for value, in good faith, from someone who appears as the registered owner in the Land Registry, where the lease is either not registered or not annotated. In that situation, the buyer’s obligation to honour the lease is capped at the statutory minimum, not the full agreed term. The seller, not the buyer, pays the indemnity to the tenant.

For most Costa del Sol transactions, where leases are rarely registered in the Land Registry, this means a buyer who purchases through a notary and registers the deed can limit their exposure to the remaining statutory minimum. However, this protection does not give immediate vacant possession. The buyer still must honour the lease for the remaining months or years to the five- or seven-year mark.

What did STS 28/2026 decide about retracto notification?

The Supreme Court’s Sentencia 28/2026 of 19 January 2026 settled a question that had split lower courts: when does the 30-day retracto clock start if the buyer never formally notified the tenant? The case involved a tenant in Valladolid whose bank landlord sold the property (together with 18 others) in 2018, declaring in the deed that it was free of tenancies despite collecting rent. The buyer never notified the tenant and even filed a criminal complaint for usurpation. The tenant first saw the title at the criminal trial in February 2019 and filed the retracto demand on 5 March 2019.

Both the trial court and the Audiencia Provincial held the claim time-barred, counting from a verbal police communication in October 2018 and reasoning that the tenant could have consulted the registry. The Supreme Court reversed this, establishing three principles:

First, registry publicity does not displace the Article 25.3 LAU duty on the buyer to notify the tenant fehaciente (reliably) of the sale’s essential conditions, including delivery of a copy of the deed or equivalent document. A verbal police communication about ownership lacks the price and conditions needed to exercise the retracto.

Second, only complete and exact knowledge of the sale and its essential circumstances can trigger the 30-day deadline in the absence of fehaciente notification, consistent with consolidated doctrine (SSTS 1344/2006, 479/2007, 683/2016).

Third, imposing a duty on the tenant to search the registry would reward the buyer’s own breach of the notification obligation.

The Court upheld the tenant’s retracto at the escriturado price of EUR 8,237 plus EUR 247.30 in costs. For a buyer of a tenanted Spanish property, the lesson is stark: the 30-day retracto window does not start until you deliver a formal, written notification with the sale price and conditions to the tenant.

What are the tenant’s first-refusal rights under LAU Article 25?

The tenant of a leased dwelling has a statutory right of preferential acquisition when the property is sold. LAU Article 25 establishes two mechanisms: the derecho de tanteo (right of first refusal) and the derecho de retracto (right of redemption).

Tanteo (right of first refusal): Before completing the sale, the landlord must formally notify the tenant of the decision to sell, the price, and the other essential conditions of the transaction. The tenant then has 30 calendar days from the day after notification to exercise the tanteo by matching the terms. If the tenant exercises it, the sale proceeds to the tenant on those terms. If the tenant does not act within 30 days, the landlord may sell to a third party, but the effects of the original notification expire after 180 calendar days, meaning a sale completed more than 180 days later requires a fresh notification.

Retracto (right of redemption): If the landlord failed to notify the tenant, omitted required information in the notification, or the actual sale price was lower or the conditions less onerous than those notified, the tenant can exercise the retracto. Under LAU Article 25.3, read with Article 1518 of the Codigo Civil, the tenant has 30 calendar days from the day after the new buyer formally notifies the tenant of the completed sale conditions (including delivery of a copy of the deed) to recover the property by reimbursing the buyer at the sale price and costs. As STS 28/2026 confirmed, this buyer-notification duty cannot be replaced by registry knowledge or verbal communication.

The retracto is a powerful remedy. A buyer who purchases a tenanted property without confirming that the seller properly notified the tenant risks having the sale unwound, with the tenant stepping into the buyer’s position at the same price. This is why due diligence before purchasing a tenanted property must include verifying that the tanteo notification was properly served and that the 30-day window has lapsed without exercise.

LAU Article 25.4 ranks the tenant’s preferential rights above any other similar right, with two exceptions: the retracto of a co-owner (condueno) of the dwelling, and a conventional retracto that was registered in the Property Registry at the time the lease was signed. In practice, a buyer should check the registry for any registered conventional retracto clauses before proceeding.

When does the bulk-sale exception remove the tenant’s first-refusal rights?

LAU Article 25.7 carves out an important exception. The tenant’s rights of tanteo and retracto do not apply when the leased dwelling is sold together with the remaining dwellings or commercial units in the same building that belong to the same landlord, or when all the flats and units in a building are sold jointly by different owners to a single buyer. In these bulk-sale scenarios, the tenant loses the preferential acquisition right.

However, if the building contains only a single dwelling, the tenant retains the full rights under Article 25. The exception is designed for portfolio transactions, not individual apartment sales.

The Supreme Court tightened this exception in STS 1834/2025 of 12 December 2025 (ROJ: STS 5826/2025), involving a sale of property in Ibiza to Avir Investments 2016 SL. The buyer argued that the sale was part of a cartera inmobiliaria (property portfolio) and so the tenant’s retracto should not apply. The Court rejected this: the Article 25.7 exception requires that ALL dwellings or units in the same building belonging to the same landlord be sold together, or that ALL flats and units in a building be sold jointly by different owners to a single buyer. A generic portfolio sale does not eliminate the tenant’s retracto unless these strict conditions are met. The Court also clarified that consignacion (deposit) of the sale price is a substantive requirement to consumar the retracto, not a prerequisite for filing the claim.

The practical takeaway: a buyer acquiring a tenanted property as part of a portfolio cannot assume the tenant’s retracto rights are extinguished unless the Article 25.7 conditions are strictly met.

LAU Article 25.8 permits the parties to agree in the lease contract that the tenant waives the right of preferential acquisition. If the waiver is in place, the landlord must still communicate the intention to sell at least 30 days before formalising the sale. The waiver affects only the first-refusal rights, not the subrogation principle of Article 14.

How does the LO 1/2025 MASC affect disputes after a subrogated purchase?

Since 3 April 2025, the Ley Organica 1/2025 requires parties to attempt a Medio Adecuado de Solucion de Controversias (MASC) before filing most civil and mercantile claims. The MASC can take the form of mediation, conciliation, a vinculante offer, or direct negotiation between the parties or their lawyers. A landlord who acquires a tenanted property and later needs to enforce a claim over unpaid rent, repairs, deposit return or lease termination must document the MASC attempt. Failing to do so risks procedural rejection of the claim.

For residential tenancies, the MASC applies to disputes over the fianza (security deposit), reparaciones (repair obligations) and subida de renta (rent updates). In desahucio proceedings for non-payment, the requerimiento de pago (requirement to pay) served on the tenant may itself satisfy the MASC requirement, because it offers the tenant an opportunity to resolve the dispute before court action. However, landlords should document this carefully, as courts have begun scrutinising MASC compliance since the law took effect.

A subrogated buyer who inherits a tenant relationship should factor this pre-litigation step into any enforcement timeline. The eviction process guide covers the desahucio timeline, and the rental termination notice guide explains the preaviso rules for early termination.

How do you detect a sitting tenant before purchasing?

A buyer who needs vacant possession should take several steps during the due diligence phase of buying property in Spain as a foreigner:

1. Order a nota simple from the Land Registry (Registro de la Propiedad). A registered lease annotation (inscripcion de arrendamiento) will appear on the title. However, most residential leases in Spain are not registered, so a clean nota simple does not guarantee the property is vacant.
2. Ask the community administrator (administrador de fincas). The community of owners maintains records of occupants and often knows whether a unit is owner-occupied or tenanted. This is an informal but reliable check.
3. Require the seller to certify occupancy status in writing, ideally as a clause in the deposit or arras contract. A seller who falsely declares the property vacant may be liable for breach, though proving prior knowledge of a tenancy can be difficult.
4. Inspect the property physically. Personal belongings, utility bills in a tenant’s name, and a current energia certificate or habitability certificate in another name are all indicators of occupation.
5. Request a tenant certification if the seller admits a tenancy exists. The seller should provide the lease contract, the last rent receipt, and proof of the deposit position.

The eviction process guide explains the timeline for removing a non-paying tenant, but a paying tenant under an unexpired lease cannot be evicted simply because the property has been sold.

What happens to the rental deposit on sale?

Under the subrogation principle of LAU Article 14, the buyer assumes the landlord’s obligations, which include responsibility for the security deposit (fianza) required by LAU Article 36. The deposit is one month’s rent for residential leases and two months for non-residential use.

At completion, the seller should transfer the deposit amount to the buyer. In autonomous communities where the deposit is held by a public body rather than by the landlord, the change of ownership must be notified to that body. In Andalusia, the Agencia de Vivienda y Rehabilitacion de Andalusia (AVRA) custodies residential deposits, and the new landlord must register the change. The rental deposit guide covers the deposit framework in detail.

Buying vacant versus buying tenanted: the comparison

Dimension	Buying vacant	Buying tenanted
Possession at completion	Immediate vacant possession on signing	Tenant remains; buyer is subrogated as landlord
Time to occupy	Days (after notary and key handover)	Months to years, depending on remaining lease term
Rental income	None until you let it yourself	Immediate, but at the existing contract rent
Eviction risk	None	Low if tenant pays; the buyer inherits payment history
Price negotiation	Market price, no tenant discount	Possible discount for vacant-possession risk
Financing	Straightforward; bank values vacant property	Bank tasacion may reflect tenant-occupied status
First-refusal compliance	Not applicable	Seller must have served LAU Art 25 notification
Deposit handling	Not applicable	Deposit transfer or AVRA notification required
MASC pre-litigation	Not applicable	Required since April 2025 for tenant disputes

The price negotiation point is worth noting. A tenanted property with a long unexpired lease and a tenant who pays reliably may sell at a discount to comparable vacant stock, because the buyer cannot occupy and faces the administrative burden of landlord obligations. For an investor seeking rental income, this discount can be attractive. For an owner-occupier, it is a liability.

Worked example: buying a tenanted apartment in Marbella

Consider a buyer purchasing a two-bedroom apartment in Nueva Andalucía for EUR 350,000. The property has a sitting tenant with a lease signed in January 2024 at EUR 1,200 per month. The buyer completes the purchase in July 2026, two and a half years into the five-year minimum term.

Under LAU Article 14, the buyer is subrogated as landlord for the remaining two and a half years of the minimum term, plus up to three years of tacit extension under Article 10. If the seller did not serve the Article 25 tanteo notification, the tenant has 30 calendar days from the buyer’s fehaciente notification to exercise the retracto and recover the property at the sale price of EUR 350,000. If the original lease did not contain a personal-use clause under Article 9.3, the buyer cannot recover the property for own use before the minimum term expires. The seller must transfer the one-month fianza (EUR 1,200) to the buyer, or notify AVRA if the deposit is held by the Andalusian public body. If a dispute later arises over rent or repairs, the buyer must attempt a MASC before filing a claim.

What should a buyer do if the seller did not notify the tenant?

If the seller completed the sale without serving the LAU Article 25.2 tanteo notification, the tenant retains the right to exercise the retracto under Article 25.3 within 30 calendar days of being formally notified by the new buyer of the sale conditions. The buyer is obliged to send this notification, which includes delivering a copy of the escritura (notarial deed) or the document formalising the sale. As STS 28/2026 confirmed, this notification must be fehaciente (reliable and documented), and the 30-day clock does not start from mere verbal knowledge or registry consultation.

If the tenant exercises the retracto, the buyer must convey the property to the tenant at the price and conditions of the original sale, reimbursing the tenant for the price and legitimate costs. The buyer then has a claim against the seller for breach of the obligation to notify the tenant before completion.

This risk underscores the importance of making proper tanteo notification a condition precedent in the arras or deposit contract. A lawyer’s role in the Spanish property purchase includes verifying that the seller has discharged this obligation, or arranging for it to be done before the notary appointment.

Key dates and deadlines at a glance

Event	Deadline	LAU provision
Tenant’s tanteo exercise window	30 calendar days from notification	Art 25.2
Validity of tanteo notification	180 calendar days from notification	Art 25.2
Tenant’s retracto exercise window	30 calendar days from buyer’s fehaciente notification	Art 25.3
Buyer’s obligation to notify tenant of sale	Promptly after completion	Art 25.3
Landlord’s notice to tenant (if right waived)	30 days before sale formalisation	Art 25.8
Buyer’s subrogation period	5 years (individual landlord) or 7 years (corporate)	Art 14
Statutory minimum lease term	5 years (individual) or 7 years (corporate)	Art 9
Personal-use recovery notice	2 months before the date the property is needed	Art 9.3
Personal-use occupation deadline	3 months from termination or vacant delivery	Art 9.3
Tacit extension after minimum term	Up to 3 years	Art 10
Security deposit	1 month residential, 2 months non-residential	Art 36
MASC pre-litigation attempt	Before filing most civil claims	LO 1/2025, Art 4

What should a non-resident landlord know about buying tenanted property?

A non-resident buyer who acquires a tenanted Spanish property becomes a non-resident landlord, with the associated tax and administrative obligations. Rental income must be declared through Modelo 210, with a flat 19 per cent withholding on net rental income for EU, Iceland and Norway residents, or 24 per cent on gross income for residents of the rest of the world. The non-resident rental income guide covers the full tax framework.

The buyer also inherits the existing rent level, which may be below market if the lease was signed during a period of lower rents. Under LAU Article 18, rent updates on contracts signed after 26 May 2023 use the IRAV index published by the INE, not CPI, so the buyer cannot arbitrarily reset the rent to market. The IRAV for July 2026 stands at 2.44 per cent (INE data for June 2026, published 15 July 2026), which is the maximum annual increase the buyer can apply. For contracts signed before that date, the update mechanism depends on the contract terms.