Tenants in Spain protected: When landlord sells, you have priority to buy

Change of ownership of an apartment is a common concern for renters. Spanish rental law, however, offers tenants a robust protection mechanism. A landlord who decides to sell a property cannot enter into a transaction with a third party without first giving the current tenant the opportunity to purchase the property.

Tenant Priority: Right of Priority (Tanteo)

The tenant's primary tool for protection is the right of priority in acquisition regulated by the Law on Urban Tenancy (LAU). This means that the tenant has priority over any other buyer, if the terms of the transaction are equal.

Key responsibilities of the owner:

• Written notice: the landlord must officially notify the tenant of his intention to sell.
• Full transparency: The notification must include the exact price and all relevant terms of the planned sale.
• Decision period: the Tenant has one month (30 calendar days) from receipt of the notice to exercise its right of first refusal and make a decision.

In practice, this means that the third-party transaction is blocked until 30 days have passed or the tenant officially abandons the purchase.

When the Law is Broken: The Law of Redemption (Retracto)

What happens when a landlord does not follow procedures? If the landlord sells the property, ignoring the tenant, not notifying the tenant or actually using a different price than declared, the tenant has the right to repurchase.

This is a legal remedy that allows the tenant to cancel the sale and take the place of the buyer. The tenant can purchase the apartment under the actual conditions under which it was sold.

Important Disclaimer: New Merchant Visits

It is important to remember an often-overlooked detail: the tenant, even if he is not interested in buying, has no legal obligation to make the apartment available for visits by potential buyers. The tenant has the right to quietly use the leased premises.

Article 25 of the LAU is a key provision balancing the rights of landlords and tenants, guaranteeing that tenants can take over an apartment under the same conditions as the landlord wants to sell it on the market.