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As you know, over the last few months the situation for many foreigners, especially British nationals with residency in Spain, has taken an important turn.

On the one hand, with the end of the Withdrawal Agreement, the time they can stay in our country has been significantly reduced. On the other hand, current fuel prices make it difficult, in many cases, for them to travel frequently.

Many clients have decided to rent out their homes in Spain in order to make their investment profitable.

However, if we go one step further, a question that we have received on occasion, is the possibility or selling that property while it is rented to a tenant.

Is it possible to sell a house if we have a rental contract in force? What steps should I follow?

We explain it to you below.

Can I sell my property if it is rented?

The first thing to know is that the owner of a property has the right to sell it whenever he wants, even if there is a rental contract in force. In this sense, therefore, it is fully under the protection of the law.

However, according to the law itself, it is important to take into account whether the rental contract has been registered in the Land Registry, as there can be two different situations:

If the rental contract is actually registered in the Land Registry, the rented flat can be sold but the new owner will not be able to live in it until the rental contract with the current tenant is terminated.  Thus, the current tenant of the flat has the right to live in it until the end of the signed and valid rental contract.

On the other hand, if the rental contract has not been registered, the current tenant will have 3 months to leave the property. If the new owner wishes to extend the rental contract, this can be negotiated by both parties.

Must the landlord inform the tenant of his intention to sell the house?

Yes, he does. According to the Ley de Arrendamientos Urbanos, the landlord is obliged to inform the tenant of his intention to sell the property.

This communication must be made in writing and the document must state the intention to sell the property, the tentative date on which this could take place, as well as the approximate sale price of the property.

In this case, the current tenant has a right of first refusal whereby he can acquire the property for the amount before other potential buyers.

Conversely, the owner of the property is obliged to notify potential buyers or interested parties that the property is currently rented and the current contract with the tenant.

What obligations does the tenant have during the sale process?

In addition to, as we have seen, complying with the contract in force depending on the registration of the contract in the Register, the owner and the tenant must agree on a visiting regime for potential buyers.

It is important to note that, while the contract is in force, landlords cannot enter the property without the relevant permission of the tenant, so a visiting regime must be agreed between tenant and landlord or real estate agency in charge of the sale and visits.

If you have any further questions on this subject or if you think that we can help you in any other aspect, do not hesitate to contact us and our specialists will help you in everything you need.

We have more than 30 years of experience behind us.