Europe’s housing crisis is putting a renewed spotlight on one of the most difficult questions in the private rental market: how easily can a landlord ask a tenant to leave?
The question has gained fresh attention following the eviction of an 87-year-old disabled woman from her long-term home in Madrid. The case involving Maricarmen Abascal, who had lived in the apartment since 1956, triggered protests and renewed debate about tenant protections in Spain. Euronews reported that Abascal had faced a substantial proposed rent increase after the building was acquired by an investment fund.
Her case highlights a wider difference across Europe.
Rental laws vary considerably. In some countries, landlords need a legally recognised reason to recover a property. In others, tenants receive long notice periods or can ask courts to consider hardship. Vulnerable tenants can receive additional protection in certain circumstances.
There is no single European eviction rule.
Why eviction protections differ across Europe
A landlord’s right to recover a rented property is generally balanced against a tenant’s right to security of housing.
Depending on the country, the law can consider issues such as:
- Whether the landlord has a legally recognised reason for ending the tenancy
- How long the tenant has lived in the property
- Whether the tenancy is fixed-term or periodic
- Whether rent has been paid
- Whether the landlord wants to sell or occupy the property
- Whether major renovation is required
- Whether the tenant is vulnerable
- Whether alternative accommodation is available
- Whether a court must authorise the eviction
The result is that a tenant facing eviction in Madrid can have a very different legal position from someone renting in Paris, Berlin, Rome, London or Dublin.
Spain: protections for vulnerable households
Spain has recently expanded protections around the eviction of economically vulnerable households.
In February 2026, the Spanish government extended measures allowing certain eviction and possession proceedings involving economically vulnerable people without alternative housing to be suspended. The legislation initially extended the relevant suspension mechanisms to the end of 2026, subject to specific conditions and exceptions.
Spain then adopted further housing measures at the end of September 2026. The new measures include provisions concerning vulnerable people facing eviction and changes to the country’s housing legislation.
The rules are not an automatic ban on every eviction involving a vulnerable tenant. Eligibility and the circumstances of the landlord and tenant matter.
That distinction is important because the Madrid case has often been discussed in broader terms about tenant protection, while the actual legal protections depend on the specific circumstances of each case.
France: longer notice and the winter truce
France gives tenants a different type of protection.
For ordinary residential leases, a landlord generally cannot simply end the tenancy whenever they choose. For an unfurnished property, a landlord’s notice is normally given at the end of the lease with at least six months’ notice and must rely on an authorised reason, such as taking the property back for occupation, selling it or another legitimate and serious reason.
For furnished accommodation, the landlord’s notice period is generally at least three months.
France also has a winter truce, known as the trêve hivernale.
During this period, which runs from 1 November to 31 March, the physical eviction of a tenant from their home is generally suspended, although there are exceptions. The winter truce delays the eviction; it does not necessarily cancel the underlying possession decision.
This creates an additional layer of protection for households facing the loss of their home during the winter months.
Germany: tenants can challenge termination on hardship grounds
Germany’s rental system gives tenants an important potential protection where ending a tenancy would create an unjustifiable hardship.
Under Germany’s Civil Code, a tenant can object to a landlord’s termination and seek continuation of the tenancy where ending it would create a hardship for the tenant, their family or another household member that cannot reasonably be justified even after considering the landlord’s legitimate interests.
The inability to find suitable alternative accommodation on reasonable terms can also constitute hardship.
German law also requires a landlord to have a legitimate interest for an ordinary termination of a residential tenancy. Examples include a significant breach of the tenant’s contractual obligations or the landlord requiring the property for themselves or certain family members.
There are separate rules for serious rent arrears and other circumstances that can permit termination without notice. German law, for example, identifies significant rent arrears as a potential ground for extraordinary termination.
Italy: long initial rental terms
Italy’s residential rental system also provides tenants with substantial security through minimum contract periods.
Under Law 431/1998, ordinary residential leases can have a minimum duration of four years followed by a further four-year renewal, subject to the statutory rules governing termination and renewal.
At the first expiry, a landlord can prevent renewal only for reasons recognised by law, with the required notice. At the later expiry, the parties can use the statutory procedure to end or renegotiate the contract, generally with six months’ notice.
This means the structure of the Italian tenancy itself can provide significant security compared with systems where a landlord can terminate a periodic tenancy on relatively short notice.
There are different arrangements for other types of rental contract, so the precise rights depend on the agreement and the applicable legal framework.
England: no-fault evictions have ended
England introduced one of the biggest changes in its private rental system in 2026.
From 1 May 2026, landlords can no longer use Section 21 of the Housing Act 1988 to carry out so-called no-fault evictions in the private rented sector.
Instead, landlords must rely on a legal ground for possession. These include grounds such as wanting to sell the property, moving into it themselves or certain rent arrears and anti-social behaviour cases.
The notice period depends on the ground being used.
For several grounds, including certain cases involving a landlord wanting to sell or move into the property, the legislation provides for a four-month notice period. Other grounds have shorter periods.
There are also transitional rules for some tenancies where possession notices were issued before 1 May 2026.
The change means that, in England, a landlord can no longer simply rely on Section 21 to regain possession without giving a statutory ground.
Wales: no-fault eviction still exists, but with longer protection
Wales follows a different system from England.
Under the Renting Homes (Wales) framework, landlords can still use a landlord’s notice in certain periodic standard occupation contracts without giving a reason.
However, the minimum notice period is generally six months, and such a notice cannot normally be issued until six months after the occupation date. This gives a new contract-holder at least 12 months of security before a no-fault notice can require them to leave.
There are additional restrictions on when a landlord can issue a notice.
For example, the law contains protections against retaliatory eviction where a tenant has complained about the condition of their home.
Northern Ireland: a separate system
Northern Ireland has its own private-rental rules and does not follow the changes introduced in England under the Renters’ Rights Act.
The position therefore cannot simply be described as “UK eviction law”.
England, Wales, Scotland and Northern Ireland operate under different housing laws, and the notice requirements can differ significantly.
For tenants, the location of the property matters.
Ireland: landlords must follow statutory termination rules
Ireland also has a formal system governing how residential tenancies can be ended.
A landlord ending a tenancy generally uses a Notice of Termination, and the requirements depend on the tenancy, the reason for ending it and when the tenancy began.
The RTB says that where a tenancy has lasted six months or more, the landlord must generally provide the tenant with a Notice of Termination stating the reason for ending the tenancy. Certain reasons also require additional documents or steps.
Ireland’s rental laws changed significantly on 1 March 2026.
The rules applying to a tenancy created from that date differ from those applying to existing tenancies. The number of tenancies held by a landlord can also be relevant to the termination rules for certain new tenancies.
A landlord must also follow the required notice period and service requirements.
The RTB currently lists ordinary notice periods ranging from 90 days to 224 days depending on how long the tenancy has lasted, with different periods applying in certain breach situations.
This means an Irish tenant cannot simply be required to leave because a landlord wants possession. The landlord must follow the applicable statutory process.
What if an Irish tenant believes an eviction notice is invalid?
A tenant who believes a Notice of Termination is invalid can bring a dispute to the Residential Tenancies Board.
The RTB identifies several issues that can affect the validity of a notice, including whether the reason for termination is lawful, whether the correct notice period was provided and whether the required procedures were followed.
For some reasons, the landlord must first serve a warning notice before proceeding with termination.
For rent arrears, for example, the RTB requires a rent arrears warning notice to be served on the tenant and the RTB, with at least 28 days to pay the arrears.
This is where Ireland’s dispute-resolution system becomes important.
A tenant or landlord can use RTB mediation or adjudication, with a Tribunal available as an appeal stage.
A European patchwork of tenant protections
The comparison shows why it is difficult to describe Europe as having a single approach to eviction.
| Country | Example of protection |
|---|---|
| Spain | Additional protection and possible suspension mechanisms for certain vulnerable households |
| France | Landlord notice requirements and winter suspension of physical evictions |
| Germany | Tenants can object to termination on serious hardship grounds |
| Italy | Long minimum rental periods and statutory renewal protections |
| England | Section 21 no-fault evictions ended from May 2026 |
| Wales | No-fault notices remain possible but generally require six months’ notice |
| Ireland | Statutory termination grounds, notice periods and RTB dispute procedures |
These systems are not directly interchangeable.
A long notice period does not necessarily mean that every tenant is protected from eviction, just as requiring a legal ground does not necessarily prevent a possession order where the ground is established.
The details of the tenancy, the reason for termination and the tenant’s circumstances can all matter.
What the Madrid case says about Europe’s housing crisis
The case of Maricarmen Abascal has become part of a much wider discussion about housing security.
The reported circumstances were particularly striking because she had lived in the same Madrid apartment for decades and was an elderly wheelchair user.
The case also highlighted a recurring problem across European rental markets: a tenant’s legal right to remain in a home can collide with a landlord’s or investor’s legal right to recover, sell or manage property.
Those rights are balanced differently from one country to another.
Spain’s recent measures, France’s winter truce, Germany’s hardship provisions, Italy’s long-term rental framework, England’s end to Section 21 and Ireland’s statutory Notice of Termination system all demonstrate different approaches to that balance.
What tenants should check when facing eviction
Whatever country a tenant lives in, receiving an eviction or termination notice should not automatically be treated as the end of the process.
Tenants should check:
- Why is the landlord ending the tenancy?
- Is that reason recognised by the law?
- How much notice is required?
- Was the notice served correctly?
- Are supporting documents required?
- Is there a court or tenancy tribunal process?
- Are there protections for vulnerable households?
- Is there a deadline to challenge the notice?
The exact answers depend on the country and, sometimes, the type and age of the tenancy.
The wider lesson for Europe’s rental markets
The rules across Europe show that tenant protection is not determined by a single measure.
Security can come from several places:
- Longer minimum contracts
- Longer notice periods
- Restrictions on no-fault termination
- Hardship protections
- Winter eviction suspensions
- Court oversight
- Special protections for vulnerable households
- Access to mediation and tenancy tribunals
At the same time, landlords retain legal rights to recover properties in circumstances recognised by national law.
For tenants, the most important protection is often knowing what the law actually requires before leaving a home.
And as housing shortages and rents continue to put pressure on households across Europe, the debate over how far eviction protections should go is likely to remain a central part of housing policy.
Related M10news coverage
What Makes a Notice of Termination Invalid in Ireland?
How to Challenge an Eviction Notice in Ireland
What Happens at an RTB Tribunal in Ireland?
How RTB Disputes Work in Ireland: A Step-by-Step Guide
Source: Euronews reporting on eviction protections across Europe, supplemented with national government and legislative sources.
