How to Reclaim Your Rented Property for Personal or Family Use in Girona: A Legal Guide

Do you have a rented home in Girona or the surrounding area and find yourself in a sudden situation in which you or a direct family member need to move in? This is one of the most common queries we receive at Actum Advocats.

Although the Urban Tenancy Law (LAU) protects the stability of the tenant, it also recognizes the right of the owner to recover their property before the end of the 5-year contract if certain personal circumstances arise. However, it is a strict procedure where any formal error can invalidate the application or lead to heavy compensation.

Below, we explain the legal requirements, deadlines and steps you must follow to recover your property in Girona with complete legal certainty.

1. Essential requirements according to the law

To be able to claim the apartment for personal use before the mandatory extension of the contract ends, the following conditions must be met:

Having completed the first year of the contract: Recovery cannot be requested before at least the first year of the lease has elapsed.

Being a natural person: This right only applies to private owners. Companies or patrimonial companies (legal entities) cannot benefit from it.

Valid beneficiaries: The need to occupy the home must be for:

The landlord himself.

First-degree relatives by blood or adoption (parents or children).

The spouse in the event of a final judgment of separation, divorce or marriage annulment.

The clause in the contract (depending on the date): In contracts signed from March 2019 onwards, the law requires that this power has been expressly provided for and included in the lease agreement.

2. Deadlines and procedure: How and when to communicate it?

The key factor in this procedure is reliable communication:

Minimum notice of 2 months: You must formally notify the tenant of your intention to recover the property at least two months in advance of the date on which the home is needed.

Notification by burofax with certificate of content: Never make this communication by WhatsApp or phone call. It must be sent by burofax to prove both the date of receipt and the exact content of the letter.

Justified and proven reason: The specific cause of need must be explained (for example, emancipation of a child, judicial separation, need to move to Girona for medical or work reasons, etc.).

3. What happens once the tenant leaves the apartment? (Consider the 3 months)

The law imposes a clear obligation: you or the beneficiary family member must effectively occupy the apartment within a maximum period of 3 months from the eviction of the apartment.

If you do not occupy it within this period (except in cases of force majeure), the previous tenant has the legal right to:

Return to the apartment for a new period of up to 5 years, maintaining the same conditions and with the transfer costs paid by the owner.

Or demand financial compensation equivalent to one month’s rent for each year that remained to be fulfilled under the contract.

4. What to do if the tenant refuses to leave?

If the tenant opposes or ignores the communication, you cannot change the lock or cut off supplies under any circumstances (you could incur a crime of coercion). In these cases, you must file a lawsuit for termination of the contract and claim for possession before the Courts of Girona.

Recover your property with guarantees with Actum Advocats

Reclaiming your home requires correctly drafting the notifications and solidly justifying the need to avoid costly challenges or sanctions.

At Actum Advocats, as specialists in Real Estate and Lease Law in Girona and the regions:

We review your lease agreement and its legal viability.

We draft and process the request letter with full legal validity.

We manage the exit negotiation or the legal defense before the Girona courts if the tenant refuses to hand over the keys.

Do you need to recover your apartment in Girona?

Contact the Actum Advocats team through our website or call us to schedule an initial consultation. We will help you resolve the situation quickly, effectively and safely.