Selling a currently rented apartment in Barcelona poses certain challenges, but with the right approach it can become a smooth and beneficial process for all parties involved. The key is to master the legal aspects, analyze the different alternatives available and have a good team of advisors to ensure a successful transaction.

If you are in this situation, do not hesitate. Call us at 608 129 079 and we will talk to you without obligation.

In this article we explain everything you need to know: steps to follow, legal limitations, advantages and disadvantages, what options you have if you need to recover the apartment before the end of the contract, and how to do it all without conflicts or economic losses.

Is it legal to sell a rented apartment?

Yes, according to the Law of Urban Leases (LAU), in Spain it is perfectly legal to sell a property that is currently rented. However, the conditions of the rental contract remain in force for the new owner, who must respect them, except in very specific cases that we will see below.

Types of leases and their implications

The first step to understand what you can do is to review the lease:

(a) Contract after March 2019 (current law).

Mandatory minimum duration: 5 years if the lessor is an individual, 7 years if it is a company.

The tenant has the right to stay during all that period, even if the apartment changes ownership.

b) Contracts prior to 2019

In many cases, the landlord could repossess the apartment earlier with certain notices.

Even so, specific clauses on tacit extensions or limitations should be reviewed.

c) Lease with option to purchase

The option to purchase must be respected.

If the tenant has made payments on account or has agreed purchase conditions, they must be respected or settled.

What options do I have to sell an apartment with a tenant?

Below, we explain the real options that a landlord has to sell an apartment in Barcelona to sell a rented apartment:

Option 1: Sell with the tenant inside.

• Legal.
• Attractive for investors looking for immediate profitability.
• The buyer assumes the contract and the current conditions.

Option 2: Sell after agreement with the tenant.

• Agree on a voluntary departure in exchange for financial compensation.
• Ideal if the buyer wants the property free.

Option 3: Wait until the end of the contract

• If there is no forced extension, you can sell without a tenant at the end of the contract.
• You must give 4 months notice to the tenant.

Option 4: Offer the sale to the tenant itself

• The tenant has a right of first refusal (first refusal to buy).
• If he/she resigns, you can continue with the sale to third parties.

What Happens If the Buyer Wants the Property Vacant?

This is where things get complicated. The rental contract remains valid, and the buyer can only take possession of the property once the lease has ended. Unless:

• An agreement is negotiated with the tenant to vacate.

• The property is sold under specific agreed-upon conditions (e.g., deferred handover).

• The contract includes an early termination clause due to sale (rare and often not legally enforceable if it infringes on the tenant’s basic rights).

Some financial institutions offer “quick sale before foreclosure” formulas, and certain real estate agencies specialize in properties with legal encumbrances.

How to Evict a Tenant If You Want to Sell the Property

You cannot evict a tenant just because you want to sell the property. This is very important. There are only certain cases where the lease can be terminated early:

a) Mutual Agreement

Negotiate a financial compensation in exchange for the tenant voluntarily vacating the property.

b) Recovery Clause Due to Necessity

It must be included in the contract and duly justified (e.g., you need the apartment for yourself or a direct family member).

c) End of Lease

Provide at least 4 months’ notice if the lease will not be renewed.

d) Breach of Contract

If there are missed payments, improper use, unauthorized subletting, etc., an eviction process can be initiated.

Important: Intimidating, pressuring, or cutting utilities to force a tenant out is illegal and may lead to severe penalties.

Selling with Tenant vs. Without Tenant

Advantages and Disadvantages of Selling with a Tenant

Advantages

• Rental income until the day of the sale.

• Ideal for investors.

• Potential savings on pre-sale renovations.

• Some buyers value an active lease already in place.

Disadvantages

• Smaller buyer audience.

• More limited sale price.

• Obligation to notify tenant and respect the lease.

• Difficulties if tenant resists viewings or refuses to cooperate.

Strategies to Speed Up the Sale

Notify the Tenant Properly

According to the Spanish Urban Lease Law (LAU), you must notify the tenant in writing of your intent to sell. If they waive their right of first refusal, you may proceed with the sale.

Cooperate with the Tenant

Involve them in the process. Offer incentives: compensation, moving assistance, priority in another rental, etc.

Prepare Full Documentation

Lease contract, recent rent receipts, payment status, security deposit details, and any outstanding claims or debts.

Assess the Buyer’s Profile

Is it an investor or someone looking to live in the property? This defines the entire sales strategy.

Contact a Real Estate Agency in Barcelona with Experience

At ImmoBarceló, we understand the Catalan legal framework, know how to negotiate with tenants and buyers, and have an active database of investors looking for properties with immediate returns.

Frequently Asked Questions

Can the tenant refuse the sale?

No. The property owner can sell at any time. The tenant cannot object to the sale but has the right to stay until the lease ends—unless both parties agree otherwise.

How much is typically lost when selling with a tenant?

It depends on the buyer. If selling to an investor, the discount may be small (5–10%). But in markets with high supply or if there’s tenant conflict, losses can be higher. In general, selling without a tenant yields the highest price.

What happens if the tenant isn’t informed about the sale?

The tenant has a legal right of first refusal. If not informed, they could annul the sale or exercise their right later, causing legal issues for the new owner. That’s why proper notification is critical.

Can the property be shown while it’s rented?

Yes, but only with the tenant’s consent and under a mutually reasonable visitation schedule. The law protects the tenant’s right to privacy and peaceful enjoyment of the property. Clear communication often prevents misunderstandings.