Selling a property with tenants: a complete legal guide for landlords in Málaga
If you have a rental apartment in Málaga and you’re thinking of selling it, you’re probably already wondering: can I sell it while it’s rented? Does the tenant have to move out? What deadlines do I have to meet? These are very common questions, and the answer isn’t always the one you’d like to hear.
In this guide, we explain everything you need to know to sell an apartment with tenants in Málaga, based on the Urban Leases Act (LAU) and Andalusian regulations. At the end, we give you a clear plan so you can do it without legal scares.
Can you sell an apartment with tenants?
Yes, you can. The law allows you to sell a home that is currently rented. The tenant cannot block the sale. However, the buyer must respect the existing lease contract until its termination date, unless certain conditions apply—conditions we’ll cover below.
This means that if you sell your apartment with a tenant inside, the new owner effectively “takes over” the lease contract. The tenant continues living there under the same conditions until the contract ends.
Does the tenant have the right to leave if they want to?
Yes. The tenant has the right to withdraw from the contract if they are notified of your intention to sell the property, provided they do so within a two-month period from when they receive the notice. If they decide to leave, they won’t have to pay a penalty.
They also have the right of first refusal and right of resale: if you find a buyer, the tenant has priority to purchase the home under the same conditions. You must notify them in writing of the offer and give them 30 calendar days to decide whether to match it.
Key deadlines you need to know
- Notice to the tenant: You must notify them in writing of your intention to sell and the conditions of the sale.
- Withdrawal period: The tenant has 2 months from the date of the notice to decide whether to leave.
- First refusal period: 30 calendar days for the tenant to match the buyer’s offer.
- Length of the lease: If the lease is in force and the tenant doesn’t leave, the new owner must honour it until its end (including any extensions).
What happens if the tenant doesn’t want to leave?
If the tenant does not exercise their right of withdrawal or their right of first refusal, the lease remains in effect. The new owner becomes the new landlord and the tenant continues living in the property until the contract ends.
You can’t simply “evict” the tenant just because you’re selling. If you want to get the home back for yourself (due to the owner’s need), there are specific procedures that must meet certain legal requirements.
Does selling with tenants reduce value?
It depends. A rented apartment can sell faster if the buyer is looking for an investment with immediate returns. The tenant is already paying, there’s no period of searching for a new tenant, and the income is secured from day one.
On the other hand, if the buyer wants the home for themselves to live in, an apartment with tenants may be less appealing and the price may be negotiable downward. In Málaga, investment demand is high, so many buyers see rented apartments as an opportunity.
Documentation needed to sell
- Current lease contract
- Latest rent receipts paid
- Security deposit lodged with the corresponding body of the Junta de Andalucía
- Energy efficiency certificate
- Simple note from the Land Registry
- Certificate of habitability
- Proof of payment of the IBI (property tax)
Steps to sell your rented apartment in Málaga
- Professional valuation: Calculate the market value taking into account that it’s currently rented. The price will be different than if it were empty.
- Notify the tenant: Communicate your intention to sell in writing, including the conditions.
- Wait for their response: The tenant has 30 days to exercise their right of first refusal or 2 months to withdraw.
- Prepare the documentation: Gather all the paperwork needed for the sale.
- Find a buyer: Ideally, an investor looking for immediate returns. At Pineapple Homes, we work with national and international investors.
- Sign the deposit agreement and the deed: The buyer takes over the lease contract.
- Notify the change of ownership: Inform the tenant of the new owner.
Your next step
If you have a rented apartment in Málaga and you want to sell it, the first step is to find out what it’s really worth. Request a free valuation and we’ll advise you, with no obligation, on the best strategy for your situation.
