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Can you repossess your rented accommodation out of necessity?

Find out if you can get your home back while you are renting it.

Civil Law
Can you repossess your rented accommodation out of necessity?

Do you know when the landlord can repossess the rented property early and can the tenant refuse? Read on to find out!

In which cases can the rented property be repossessed?

- The landlord must be a natural person.

- The repossession must be based on the need to live there permanently.

- The owner can repossess the property for himself/herself or for his/her relatives in the first degree of consanguinity or by adoption.

- They can also designate it for their spouse in the event of a final judgement of separation, divorce or marriage annulment.

- In order to be able to make use of this clause, the contract must be in extension, which will not be the case if, for example, a five-year duration is agreed.

- This possibility must have been expressly established in the contract. For contracts prior to RD 7/2019 it does not need to be stated in the contract.

How should the repossession be processed?

The owner of the property must inform the tenant that he/she needs the rented property, specifying the reason and at least two months before the date on which the property is going to be needed.

The communication will indicate the period given to respond to the request, with the warning that silence will be understood as confirmation and the tenants will be obliged to hand over the dwelling within this period if the parties do not reach a different agreement.

The landlord has to justify that he really needs to repossess the rented property. For example, a copy of the divorce decree can be provided where the rented accommodation is assigned to one of the spouses.

Can the tenant appeal the request?

The tenant can ask for additional information or data before accepting the request. If he/she finally objects, claiming that the cause already existed before the contract was signed or that it is not justified, the case will have to go to court.

Likewise, if after 3 months of the eviction the landlord or his relatives have not occupied the property, the tenants may choose to be reinstated in its use and enjoyment for a new period of up to five years or to be compensated for an amount equivalent to one monthly payment for each year remaining to complete five years.

If you want to know more about how to recover your property legally, call us and we will help you.

Civil Law

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