Can You Leave A Rental Contract Early In Spain?
Expat Tips
Published: 30 November 2022 13:14 CET
Updated: 08 May 2025 13:14 CET
As of 2025, more than 25% of residents in Spain are renting their home — a number that has steadily risen due to high property prices, tighter mortgage conditions, and a growing expat population.
Whether you're an expat settling into a new city or a long-term tenant facing life changes, you may wonder what happens if you need to break your lease. Can you legally end a rental contract early in Spain without being penalised? The answer is yes — under specific conditions.
Your right to leave a rental contract early in Spain
Under Spain’s Urban Lease Law (Ley de Arrendamientos Urbanos), residential tenants can legally terminate a rental contract after the first six months — regardless of the contract’s overall length — as long as they give the required notice. This rule applies to long-term rentals, not tourist or seasonal lets.
The law says you must provide at least 30 days' written notice to your landlord before vacating the property. The notice must be sent in writing (email is generally accepted, but certified post is best if the relationship is strained or formal proof is needed).
Will you have to pay a penalty?
It depends on what’s written in your rental agreement. The law allows landlords to include a clause that makes the tenant financially responsible if they end the contract early. This clause typically requires the tenant to pay compensation equal to one month's rent for every remaining year of the contract.
For example:
- If your contract is for 3 years and you leave after 1 year and 2 months, you could owe up to 2 months’ rent in compensation — but only if this is stated in the contract.
- If there is no such clause, no penalty can be enforced. You only need to give 30 days' notice.
Always read your contract carefully. Many tenants are unaware of early exit clauses until they’ve already decided to leave.
When can you leave in less than six months?
In general, you cannot legally break the lease within the first six months unless the landlord agrees to it voluntarily. However, there are exceptions where the tenant may be allowed to exit the contract early without penalty — regardless of how long they’ve lived there:
- Uninhabitable conditions: If the landlord fails to address serious maintenance issues that affect the habitability of the property (e.g. no heating, persistent leaks, unsafe wiring), you may have legal grounds to terminate the contract early.
- Disturbance or harassment: If the landlord engages in behaviour that causes ongoing disturbance or harasses the tenant, early termination may be possible through legal channels.
Always document communication with your landlord and seek legal advice before acting in these cases.
Tips for avoiding costly penalties
To avoid getting locked into a long contract with steep exit fees, consider negotiating the following up front:
- Limit the contract length to 12 months with automatic renewals (standard in Spain).
- Ensure the early termination clause is either absent or capped at one month’s rent.
- Clarify the notice period in writing — ideally 30 days, not more.
Being cautious at the start will give you more flexibility later if your circumstances change.
Can the landlord terminate the contract early?
Landlords in Spain cannot evict tenants early without cause. The only major exception is if they — or a close family member — genuinely need the property for their own residence. This is only possible if:
- The clause is explicitly included in the contract.
- The tenant has lived in the property for at least 12 months.
- The landlord gives at least two months’ notice.
- The landlord is a private individual, not a company or real estate firm.
If the landlord fails to occupy the property within 3 months of reclaiming it, you may be entitled to reclaim the rental or receive compensation.
Key takeaways
- You can legally leave a long-term rental in Spain after six months with 30 days' notice.
- Financial penalties may apply if there’s a clause in your contract allowing them.
- No penalties apply if no such clause exists — but you still owe 30 days’ notice.
- Tenants can leave early if the property becomes uninhabitable or the landlord breaches terms.
If you're unsure, always review your lease with a legal advisor or tenants’ rights group. In Spain, prevention is better than litigation — and it starts with knowing your rights.
Need a flexible health insurance plan while renting in Spain?
Whether you're staying short-term or making a more permanent move, having the right health cover is essential. Our Sanitas Mas Salud Family plan offers comprehensive cover with no copayments and is ideal for expats, families, and long-term residents who want peace of mind.
Related articles you may find helpful:
Sources:
