Tacit renewal (tácita reconducción) is the new lease that arises when, after the contract ends, the tenant stays fifteen days with the landlord's acquiescence and no prior demand to leave (art. 1566 of the Spanish Civil Code). It does not extend the old contract: it runs month by month if the rent is monthly, or yearly if annual.
In practice
For a residential lease signed since 6 March 2019, tacit renewal comes at the very end of the road: the minimum term of five years (seven if the landlord is a company) and, if nobody gave notice in time, the lease extension of up to three more years (arts. 9 and 10 of the Urban Leases Act, LAU). After that, the LAU refers to the Civil Code (art. 4.2), as for business premises if the contract is silent (art. 4.3).
The Supreme Court is clear: tacit renewal "no provoca una prórroga o ampliación del plazo del mismo contrato anterior" (does not extend the term of the same previous contract) but "da lugar a un nuevo contrato" (gives rise to a new contract), which keeps the earlier terms except the duration, and "Por ser un contrato nuevo se extinguen las garantías" (because it is a new contract, the guarantees end) (judgment 233/2022, quoting 184/2021).
To prevent it, the landlord must make a formal demand before those fifteen days pass, by a method that proves what was said and when it arrived, such as a burofax. The earlier notice periods are in notice not to renew a rental contract.
What may change in 2026. Two royal decree-laws affect it, and as at 18 October 2026 the BOE shows neither their validation nor their repeal:
- Royal Decree-law 29/2026, in force since 8 October, lets the tenant ask for an extension of up to two years when a period of tacit renewal ends, if they have been up to date with the rent for the previous eight months (fifth final provision).
- Royal Decree-law 28/2026, due to take effect on 15 November, would bring residential leases in tacit renewal under the new article 10 of the LAU from their next end date, counting the time since the original contract (sole transitional provision, section 5).
Check the BOE for the text in force before acting.
What the law says
- Article 1566 of the Civil Code. Fifteen days' stay with the landlord's acquiescence, "a menos que haya precedido requerimiento" (unless a formal demand came first).
- Article 1567. In tacit renewal, obligations given by a third party to secure the main contract "cesan" (end).
- Article 1581. With no term fixed, a lease runs by years, months or days as the rent is annual, monthly or daily, and ends when the term is up "sin necesidad de requerimiento especial" (with no need for a special demand).
- Article 4 of the LAU. The Civil Code fills the gaps for homes (4.2) and other uses (4.3).
Common mistakes
- Confusing it with the LAU's tacit extension. That is the yearly extension of article 10.1, for up to three years; tacit renewal comes after it.
- Relying on the guarantor. Third-party guarantees do not cover the new contract.
- Sending the demand too late. After fifteen days, there is already a new contract.
Sources
- Civil Code, arts. 1566, 1567 and 1581.
- Law 29/1994, Urban Leases Act, arts. 4, 9 and 10.
- Supreme Court, Civil Chamber, judgment 233/2022 of 28 March (ECLI:ES:TS:2022:1321).
- Royal Decree-law 28/2026, sole transitional provision.
- Royal Decree-law 29/2026, fifth final provision.