A heated debate has erupted in the Spanish capital over the eviction of a tenant who failed to collect a notice of lease termination. In May 2025, the Madrid Court of Appeals (Audiencia Provincial de Madrid) sided with the municipal housing management company (Empresa Municipal de la Vivienda y Suelo, EMVS), ruling as valid the notice sent via burofax, even if the recipient did not personally receive it within the required time frame. This decision overturned the lower court’s verdict and has become a topic of discussion among lawyers and property owners.
The story began with a lease agreement signed back in 1987 and renewed several times—the last renewal was in 2017. The lease was set to expire on April 1, 2023. One month prior, on March 1, EMVS sent the tenant an official burofax notifying them of the termination. The postal service attempted delivery that same day, but the recipient did not open the door. As a result, the document remained at the post office until March 17, when it was finally collected.
Arguments of the parties
The lower court ruled that the notice could not be considered valid, since the tenant had not received it within the required month. However, the appellate court reversed this approach, citing the practice of the Supreme Court of Spain. The decision notes that if the recipient deliberately or negligently fails to collect the letter, the notice is deemed delivered, and its legal consequences take effect regardless of whether it was actually received.
The judges emphasized that such notifications require minimal involvement from the recipient. If a person does not report a change of address and shows no interest in receiving correspondence, the consequences are their responsibility. In this case, the company sent the letter to the address specified in the contract, meaning all formalities were observed.
Legal nuances
The court’s ruling specifically highlights the principle of ‘autorresponsabilidad’—you are responsible for your own actions or inactions. According to Article 1119 of the Spanish Civil Code, if someone deliberately impedes the fulfillment of contractual terms, those terms are considered fulfilled. The judges pointed out that the tenant did not report a change of address, and the letter was sent to the agreed residence. Therefore, the failure to receive the notification is solely the tenant’s own issue.
The appeals court overturned the order for EMVS to pay court costs and ordered the tenant to vacate the premises. If the move-out isn’t voluntary, forced eviction will follow. In addition, all legal expenses must now be paid by the former tenant.
Impact on the market
This decision could set a precedent for similar disputes between landlords and tenants. From now on, sending a burofax with notice of contract termination is considered sufficient, even if the recipient is in no hurry to accept it. For the rental market, this means a tightening of the rules: formal procedural compliance is now a key factor.
Lawyers note that this practice protects the interests of property owners, allowing them to avoid unwanted contract renewals. At the same time, tenants should pay close attention to postal notifications and not ignore official letters to avoid ending up in an unpleasant situation.
Reaction and consequences
The decision sparked a lively discussion within the professional community. Some consider it fair and necessary for protecting the rights of homeowners, while others worry that tenants will be left in a vulnerable position. In any case, both parties must now exercise maximum caution when entering into or terminating rental agreements.
Experts advise landlords to keep all proof of notification delivery, while tenants should regularly check their mail and inform of any address changes. Otherwise, even a formal notification could result in the loss of housing.
If you weren’t aware, EMVS is a municipal company in Madrid that builds, manages, and rents out social housing. The organization was created to address the housing issues in the capital and supports thousands of families. In recent years, EMVS has been actively involved in legal proceedings related to rentals and often initiates changes in enforcement practices.
