If you are thinking about selling a rented property in Torrevieja, Orihuela Costa or anywhere in the Vega Baja area, it’s important to review the tenancy agreement before setting the signing date. The Royal Decree-law 29/2026, published on October 7 and in force since the 8th, has amended article 25 of the Urban Leases Act concerning the tenant’s right of first refusal. Selling remains possible, but both communication and documentation matter.
What the tenant needs to know before the sale
According to the new article 25, the tenant may exercise their right of pre-emption within 30 calendar days from the day after being formally notified of the decision to sell, the price, and the other essential terms. The effects of such notification expire after 180 calendar days. That’s why an announcement or an informal conversation does not replace the formal communication required by law.
If proper notification was not given, essential information was missing, or the property was ultimately sold on more favourable terms for the buyer, the regulation allows the tenant to exercise their right to acquire the property after sale (retracto). To register the sale of a rented property, you must also be able to prove that any necessary notifications were made. Coordinating this point with the notary before setting the signing date helps avoid unnecessary rush.
If the property is part of a joint sale
The reform specifies that selling a rented property together with other assets or properties does not, by itself, eliminate the tenant’s rights of pre-emption or post-sale acquisition (retracto), so long as the property can be legally identified as separate. In this case, you must state the price assigned to the property and the objective criteria used. The law also makes clear that the parties cannot agree for the tenant to waive this right.
This does not mean that all old leases or all bulk sales are treated identically. The date and type of contract, the existing clauses, the assets involved and the sale’s documentation are all relevant. If a waiver was already signed or a sale initiated before the change, ask for legal review before accepting it as valid or void.
A short checklist to move forward clearly
- Gather the tenancy agreement, its annexes and any previous communications.
- Confirm with the notary or a legal professional whether notification is required, to whom, and with what content.
- Record the price, the terms and the date of notification; allow time for the applicable deadlines.
- If you are buying, check the renting status and request that the process is properly documented before committing to sign.
At MAYRASA we like to put all the paperwork on the table as soon as possible: it helps the owner, tenant and buyer know where they stand and make decisions without complications. You can consult our selling guide, the buying guide or speak with our team to lay out the next steps.
Source and scope: article 3, section fifteen, and final provision eleven of the Royal Decree-law 29/2026, of October 6. General information checked as of October 12, 2026; the law may be subject to parliamentary review. This text does not replace individual legal advice on a specific contract or sale.
