Note

Buying a property with a tenant in Spain

§ 1The lease follows the home

If you buy a home that is let, you step into the landlord’s position. The lettings act says that the buyer of a let dwelling takes over the landlord’s rights and obligations for the initial minimum period, and that if the agreed term is longer the seller compensates the tenant for the extra years. The text also refers to an exception in the mortgage law about third parties who rely on the registry. This page belongs to the chapter in more on buy to let.

§ 2What to ask for

Ask for the lease with its annexes, the rent and its updates, proof of the deposit, the payment history, any arrears, any works agreed with the tenant and the inventory. Ask the seller to confirm in the deed that the lease is in force and what the tenant owes. Ask your lawyer to check the deed so that the deposit and any arrears are dealt with.

§ 3The deposit

The landlord holds a legal deposit, and on a sale the buyer takes on the duty to return it. Ask for proof that it was paid and where it is held, and make sure the price or the deed reflects it. The text of the article on the amount and handling of the deposit was not in the part of the act we read, so ask your lawyer.

§ 4The tenant’s position

The tenant’s rights come from the lease and the act. Ask whether the tenant has any right of first refusal on the sale. We did not read that article, so ask your lawyer. Ask whether the lease is registered, and whether the tenant has been told of the sale.

§ 5Rent and rules

Check the rent against the rules of the area, including any stressed-market limits. A rent above the limit can be a problem for the landlord. A decree-law of October 2026, 29/2026, awaiting validation, limits rent updates until 31 December 2027 and lets a main-home tenant whose mandatory extension ends before 31 December 2028 ask for up to two additional years. Ask whether the tenant has asked. The market-and-rules section explains what we could verify.

§ 6The condition

Ask for access to inspect the home, with the tenant’s agreement. Look at the state of the home and the reports of repairs. Ask whether the energy certificate has been provided to the tenant.

§ 7Taxes and management

After the purchase you receive the rent and pay tax on it. Long-term letting rules explained explains the lease rules and letting agents explained explains agents who can manage the let. The costs section explains the taxes on the purchase.

§ 8Before you buy

Do not assume vacant possession. Price the home with the tenant, and make the purchase conditional on the documents you need.

§ 9Rent collected in advance

Ask whether the tenant has paid rent in advance, and make sure the price or the deed accounts for it. Ask for the dates and amounts. Also ask whether the tenant has made works, and who pays for them.

§ 10More on this topic

More on a house to rent out explains how to choose a home for long lets.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.