Guide to Selling a Rented Home in Malaga Legally
Selling an apartment with a tenant requires respecting the Urban Leasing Law (LAU). We explain your rights, the tenant's rights, and the optimal strategy to sell without conflicts or delays.
Tenant rights: right of first refusal and right of withdrawal
Antes de vender a un tercero, debes notificar al inquilino las condiciones de la venta (precio, forma de pago). Tiene 30 días naturales para ejercer el derecho de tanteo (comprar en las mismas condiciones). Si vendes sin notificar, puede ejercer el retracto en 30 días desde que conozca la venta.
Notification must be proven: burofax or notary. We manage this procedure to guarantee legal security and avoid nullities.
Strategies to sell a rented apartment
- Sale with active contract: The tenant stays. Attracts investors seeking immediate yield. Slightly lower price due to occupancy.
- Vacancy agreement: We negotiate with the tenant an indemnity for early departure. Ideal if you want to sell to family or a buyer who wants to occupy.
- Wait for the end of the contract: If the contract is about to end, it may be the simplest option. We advise you on deadlines and notifications.
Do I need to terminate the contract to sell?
Not necessarily. The sale does not extinguish the lease contract. The new owner subrogates the landlord's rights and obligations. You can only recover the home for your own use (yours or first-degree relatives) after 5 years of contract, with 2 months' notice.
Do you have a rented apartment to sell in Malaga?
Descubre enfoque venta alquilado →Frequently asked questions about selling rented apartments
Can I visit the apartment with the tenant to show it?▼
Yes, but with 48 hours' notice and at an agreed time. The tenant has the right to privacy. We coordinate visits respecting their rights.
Does the price drop if I sell with a tenant?▼
Yes, normally 10-15% less than vacant. But it attracts investors who value immediate yield. We present both options with financial projection.
What happens if the tenant does not want to sell?▼
The tenant cannot prevent the sale. They only have the right of first refusal/right of withdrawal. If they do not exercise those rights, you can sell to whomever you want respecting their contract.
