Can I simply enter my property in Spain after the agreed 5 year’s rental term is over even if the tenant hasn’t left?

Can I simply enter my property in Spain after the agreed 5 year’s rental term is over even if the tenant hasn’t left?

No you cannot, since the law protects any actual occupant of a real estate property even if the legal validity of the occupation is finishing or in dispute. The same rule applies to cases where the tenancy’s term is clearly over but the tenant has not left for whatever reason. In such cases the legal possessor can only solve the matter through the courts that would legally put the property back in his hands.

Also, and this is very important, you must formally let know your tenant before the end of the contract that you do not want to renew it. If you do not do this the rental can be regarded as renewed for two more years.

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