I live abroad and do not want to renew: how does notice to the tenant work?

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• Martin (Soycasero)Equipo SoycaseroNov 6, 2026

  As of 6 November 2026, article 10 LAU works like this: once the five years have passed (seven if the landlord is a company), the contract rolls on year by year for up to three more years unless one side gives notice. A landlord has to do so at least four months before the end date, a tenant at least two.

  That may change. Royal Decree-law 28/2026 (BOE-A-2026-20822) would raise the landlord's notice to six months, extend the renewal to five years and, outside the cases it lists, add compensation. It is due to take effect on 15 November 2026 only if the Diputación Permanente of the Congress validates it, and the press expects that vote on 12 November. Its transitional rule keeps four months for contracts with under six months left on that date. We will update this answer once the result is known.

  The LAU does not prescribe one form, but the date of notice is what gets disputed. In Spain that is why owners generally use a burofax with proof of content, which can be sent from abroad or by someone holding a power of attorney.

  Which date applies to your contract, and whether the tenant can ask for the extraordinary extension under Royal Decree-law 29/2026, is a question for your gestoría or lawyer in Spain.

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