2024 Guide: Selling a Rented Property in Spain - ¿Se Puede Vender un Piso Alquilado y Cómo?

Selling and renting a property in Spain are two processes that frequently raise questions among property owners. One of the most common questions is if you can sell a house with a tenant in it. Understanding the legal aspects and tenants' rights is crucial for making well-informed decisions. This article offers a broad and detailed perspective on how to sell a rented property in Spain, based on the best articles on the topic. We will explore the legal implications, tenant rights, and different practical approaches to successfully carry out this transaction.
Legal Aspects of Selling a Rented Property
Legality According to the Ley de Arrendamientos Urbanos (LAU)
According to Article 14 of the 2019 Ley de Arrendamientos Urbanos (LAU), selling a rented property is completely legal. The regulation states that the new owner must respect the existing rental contracts at the time of purchase. This ensures that the tenant can continue living in the property until the lease expires. This legislation serves to protect both landlords, who can sell the property, and tenants, who are assured of their stay in the home until the lease expires.
Notification Procedure
When a landlord decides to sell a rented property, they must formally notify the tenant of their intention to sell the property. This notification must be sent via registered mail (burofax), ensuring that the tenant receives all necessary information about the sale. Additionally, it is mandatory to offer the tenant a minimum period of 30 calendar days to exercise their rights of first refusal, known as the "derecho de tanteo y retracto". These rights allow the tenant to opt to purchase the property under similar conditions to those offered to third parties.
Tenant Rights
The tenant has specific rights that must be respected during the process of selling a rented property in Spain. Among these rights are the right of first refusal and the right of withdrawal. The right of first refusal allows the tenant to purchase the property under the same conditions as a third party before it is sold. If the landlord does not respect this right, the tenant can exercise the right of withdrawal, allowing them to acquire the property even after it has been sold to a third party. The period to exercise these rights is 30 calendar days.
Additionally, tenants with old rental contracts, those signed before May 9, 1985, have additional protection under the law, which further complicates the selling process. In these cases, it is especially important to consult with a legal advisor to understand all implications and obligations.
Practical Implications for Selling a Rented Property with Tenants

Advantages and Disadvantages of Selling a Rented Property
Selling a rented property can have significant advantages but also presents challenges. One of the main advantages is the possibility of attracting investor buyers interested in acquiring properties with existing tenants. These buyers see the advantage of an immediate income stream through rentals. However, there are also disadvantages. The main one is the limitation of access to show the property to potential buyers. Additionally, the landlord must respect the tenant's rights, which can complicate and prolong the selling process.
Advisory Services
Enlisting specialized services can be a great help in facilitating the sale of a rented property. Companies like Inviertis offer a range of services that can make the process simpler and more efficient. Among the services offered by Inviertis are free property valuation, listing on their marketplace with more than 9,000 investors, and personalized advice. Utilizing these services can help landlords avoid legal complications and execute a more efficient sale.
Limitation of Visits
To avoid disturbing the tenant during the selling process, it is advisable to coordinate and limit visits to the property. It is essential to try to cause the least interference possible with the tenant's life, which not only shows respect but can also improve the tenant's cooperation and facilitate the sale. Maintaining fluent and transparent communication with the tenant is important to avoid misunderstandings and potential conflicts.
Social Impact and Conclusions

Implications for Tenant Rights
Respecting tenant rights during the sale of a rented property is crucial for maintaining stability in the real estate market. By respecting existing rental contracts and correctly notifying the tenant, their rights are protected, and future legal problems are avoided. It is also essential to follow clear and transparent selling procedures, thus promoting a harmonious relationship between landlords and tenants. The process should be carried out with the utmost professionalism and respect for all laws and established rights.
Key Conclusions
The main conclusion from the best-reviewed articles is that selling a rented property in Spain is legal as long as the existing rental contracts are respected and the tenant is formally notified. The 2019 Ley de Arrendamientos Urbanos (LAU) establishes a clear legal framework for these processes, ensuring important rights such as the right of first refusal and withdrawal for tenants. Utilizing specialized services can facilitate the selling process and minimize complications.
It is recommended that landlords interested in selling a rented property follow the appropriate legal procedure, consider tenant rights, and seek professional advice to ensure a smooth and effective transition. Given the legal framework and potential complications, these steps are crucial for a successful transaction.
Call to Action or Further Research
In conclusion, selling a rented property is a viable and legal decision if the appropriate regulations are followed. However, given the complexity and possible obstacles, it is crucial to have the advice of real estate specialists. For more information and personalized advice, you can contact Veiranda at the phone number +34611881055. This guide provides a solid foundation, but it is always advisable to conduct further research and consult with professionals before proceeding with the sale.
"Selling a rented property is a viable and legal decision if the appropriate regulations are followed."