I want to sell the flat but there is a tenant in it. Can I?

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• Martin (Soycasero)Equipo SoycaseroSep 20, 2026

  You can sell a let property, and the sale does not by itself end the tenancy. The buyer steps into the position of the landlord, and the tenant's rights carry on. That is article 14 of the Spanish tenancy act (LAU).

  How far those rights extend against a new owner depends on the detail, in particular on whether the tenancy was registered at the Land Registry, and on when the contract was signed, since the rules here have changed more than once. This is one of the areas where a general answer is genuinely not enough.

  The practical consequence is that a tenant in place affects the price and the buyer pool, not your right to sell. Before putting it on the market, have the tenancy checked against the current rules by your gestoría or a lawyer, because the answer turns on your specific contract.

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