El casero puede evitar la prórroga del contrato si necesita la vivienda, aunque no lo ponga en el contrato

An apartment tenant in Spain may be able to avoid extending their lease if they require the property, even if it is not explicitly stated in the contract, according to a new decree published in the Official State Bulletin on Wednesday. This modification to the Urban Rental Law (LAU) allows tenants with a contract set to expire before December 31, 2028, to request a one-year extension, which can be renewed for another year.

To qualify, tenants must maintain up-to-date rent payments and have no late payments in the eight months preceding the request.

Landlords, on the other hand, would be obligated to accept the extraordinary extension and maintain the same rent (without increases). However, the landlord can still reclaim the property for themselves or a first-degree relative. This option has previously only applied to lease suspensions but is now allowed without needing to be mentioned in the contract.

The decree specifies that the automatic extension will take effect unless the tenant communicates, within the deadlines and conditions outlined in Article 9.3 of the 1994 Urban Rentals Law, the necessity to occupy the property for themselves or their immediate family members. Importantly, this requirement is not mandatory, even if the right to reclaim the property for necessity is not explicitly mentioned in the contract, as long as there is a genuine and documented need.

The tenant must provide real and documented evidence of necessity, though the specific details of this documentation are not outlined in the text.