The Provincial Court of Girona has confirmed the eviction of a tenant who remained in a rental home after the end of the contract, considering that the owner had correctly communicated her desire not to renew it. Justice concludes that, once the legal duration of the leasethe contract went into a situation of tacit monthly renewal (it was extended by months) and could be terminated by prior notice, without social vulnerability preventing the recovery of the home.
According to the ruling of March 18, 2026, the rental contract was signed on January 1, 2018. On that date, the Urban Leases Law (LAU), after the reform introduced by Law 4/2013, established a mandatory minimum duration of three years plus an additional legal extension of one year (now it is 5 years or 7 if the landlord is a legal entity). Therefore, the contract reached its maximum legal duration on January 1, 2022.
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From that moment on, the rent became a tacit monthly renewal situation as the tenant continued to occupy the home and paid a rent of 356.60 euros per month. In April 2024, the owner sent a burofax communicating that he did not want to continue with the contract and setting its completion for May 2024. However, the tenant opposed the eviction, alleging that the contract was still valid and that she was in a situation of social vulnerability. Although the court initially rejected the claim, the Provincial Court ended up revoking that decision and agreed with the owner.
The tacit redirection allows the rental to be resolved with prior notice
The Provincial Court of Girona confirmed that the lease contract had expired upon reaching the maximum duration provided for in articles 9 and 10 of the Urban Leases Law (LAU), applicable to contracts signed in 2018.
And, as the court explained, the regulations in force at that time established a minimum duration of three years for the rental and an additional legal extension of one year. At the end of that period, the contract was no longer subject to the LAU and went to the so-called tacit renewal, regulated in article 1566 of the Civil Code.
The ruling recalls that this legal figure occurs when the tenant continues in the home with the consent of the owner after the end of the contract. In these cases, and in accordance with article 1581 of the Civil Code, if the rent is monthly, as was the case here, the lease is renewed month by month.
For this reason, the Court considered valid the burofax sent by the owner in April 2024 communicating her willingness to end the rental, since the contract was in a monthly renewal situation and it was enough to communicate the advance notice within that period.
In relation to the situation of vulnerability alleged by the tenant, the ruling was also clear. The magistrates explained that the risk of social exclusion does not constitute a title that allows one to remain in the home indefinitely nor does it prevent an eviction claim due to expiration of the contractual period.
For all these reasons, the court completely revoked the ruling handed down in the first instance, declared the rental contract terminated and ordered the tenant to leave the home. However, the sentence was not final and an appeal could be filed against it before the Supreme Court or the Superior Court of Justice of Catalonia.