Extension of the tenancy agreement: what the landlord should check

When the time starts to run and why the signing date is not always enough

As the expiry date of a tenancy agreement approaches, the first thing the landlord should check is not just the date shown on the front page of the agreement, but **when the term actually started to run**. The LAU itself states that the term is calculated from the date of the agreement or from when the property was made available to the tenant if that was later, and that it is for the tenant to prove that handover. In practice, this means the landlord must check whether the handover of keys, actual occupation or any written agreement shifts the start of the calculation.

As at the date of checking, **2 November 2026**, the current general rule for a main residence remains that set out in article 9 and the extension under article 10 of the LAU Ley 29/1994, de Arrendamientos Urbanos. It is not advisable to generalise: not all contracts have the same minimum duration or the same notice periods, because this depends, among other things, on whether the landlord is a natural person or a legal entity and on the specific date of the contract.

**Practical step:**

1. Find the signed agreement.

2. Check the agreed start date and whether the property was handed over later.

3. Review appendices, emails or handover records that may alter the calculation.

4. Note the actual expiry date in your calendar, not just the “theoretical” one.

**Common mistake:** calculating the extension from the date of signature even though the property was handed over later, or conversely assuming it always starts with possession without checking what was agreed and what can be evidenced.

What to review in article 9: mandatory extension and exceptions

Article 9 of the LAU is the first filter a landlord should look at. Its logic is simple: if the agreed term is shorter than the applicable legal minimum, the agreement is mandatorily extended by yearly periods until that minimum is reached, unless the tenant states that they do not want to renew. The source also distinguishes the case where the landlord is a legal entity, for which the minimum is different. In addition, if no term has been set or it is indefinite, the law treats the agreement as made for one year, without prejudice to the tenant’s annual extension.

You should also check whether the agreement expressly stated, **in a clear and explicit way**, the need for the landlord as a natural person to recover the property for themselves or for certain family members. That situation allows the mandatory extension not to apply under article 9.3, but only if it was provided for in the agreement and if the tenant is notified with the notice period required by law. In the wording in force as at the date of checking, notice must be given **at least two months in advance** of the date on which the property will be needed.

**What you should check as landlord:**

1. Whether the agreement contains an express occupation-need clause.

2. Whether that clause identifies a valid and specific reason.

3. Whether the landlord is a natural person, because that possibility is not structured in the same way when the landlord is a legal entity.

4. Whether the notice of non-renewal is prepared in good time and in writing.

**Practical advice:** do not wait until the last month. Although the law sets specific deadlines, managing the extension with a time buffer reduces notice errors, disputes about dates and proof issues.

What the landlord must send before the expiry under article 10

Once the minimum period under article 9 has passed, article 10 of the LAU comes into play. Here the landlord must check whether they want to continue with the agreement or not and, above all, whether they have complied with the **notice periods**. If the agreement expiry date or any of its extensions arrives and neither party has notified the other of their intention not to renew within the legal time limits, the agreement is mandatorily extended by yearly periods for up to three more years, unless the tenant withdraws in the terms provided for.

In the wording in force as at the date of checking, the landlord must give **at least four months’ notice** and the tenant **at least two months’ notice**. If the landlord lets that deadline pass, they may be obliged to accept the extension even if it was not their intention to continue.

**Numbered steps to check before giving notice:**

1. Confirm the exact expiry date.

2. Check whether the minimum under article 9 has already been met.

3. Review whether you are a natural person or a legal entity.

4. Verify whether there is any property-recovery reason that should already be included in the agreement.

5. Send the notice by a method that allows you to prove its content, date and receipt.

**Common mistake:** confusing the mandatory extension under article 9 with the tacit extension under article 10. They are not the same and they do not apply at the same stages of the agreement.

Which exceptions and nuances are worth distinguishing

Not all agreements work in the same way. The landlord should separate, at least, these situations:

- **Main residence agreement**: the regime under articles 9 and 10 applies.

- **Temporary accommodation**: it is not governed by the same duration and is subject to article 9 bis, so it should not be treated as if it were a main residence.

- **Recovery-for-need clause**: it only applies if it was properly agreed and if notice is given on time.

- **Exceptional extension**: this may exist in certain cases, but its application depends on the legal conditions and the point at which it is requested; it should not be assumed to be automatic.

At the same time, it is worth remembering that the LAU itself declares void any provisions that disadvantage the tenant in matters protected by title II, unless expressly authorised by the law. So, even if the agreement says something different, not every clause overrides the law.

**Useful action:** if your agreement contains old, generic or copied clauses from previous templates, review them before giving notice. A poorly drafted text may mean the notice does not produce the effect you expected.

What to do if you want to avoid disputes when renewing or closing the agreement

If the agreement is to be renewed, the landlord should make clear what happens to the rent, the term and the date of the next yearly period. If it is not to be renewed, you should keep proof of the notice and check that there is no later agreement that contradicts the original notice.

These tips may help:

- draft the notice in simple, precise terms;

- identify the property, the agreement and the expiry date;

- do not combine other unrelated claims in the same notice;

- keep proof of sending and receipt;

- check whether the tenant has replied or requested an exceptional extension that needs to be considered.

If you need to review your specific case or prepare the correct notice, you can ask for help at /contacto or request a rough estimate of the property at /valoracion-vivienda-madrid. The online valuation is indicative, includes a range and PDF report and, if you wish, can be completed with an optional visit.

If you prefer to deal with it in person, UBICASA sees clients at **Calle Montesa 29, Madrid**, Monday to Friday from **10:00 to 15:00 and from 16:00 to 19:00**.

In short, the landlord should check three things before deciding whether an extension applies: **the actual start and expiry date**, **whether the applicable legal minimum has been met**, and **whether the notice is sent within the correct deadline**. With that check, you avoid calendar errors and gain legal certainty at a delicate point in the tenancy.