Mission Statement: to assist the integration of foreign residents living in Spain
By Gemma Middleton •
Updated: 04 Nov 2024 • 17:32 • 4 minutes read
Renting in Spain can seem overwhelming at times, especially if you do not understand your rights and the laws to protect you as a tenant.
Spain does try to protect those in rental contracts, as long as you ensure you know your rights and know how to check that the landlord is doing everything legally.
Inspect the Spanish property thoroughly before signing anything
Always make sure you inspect the property first and you ask exactly what furniture/appliances will be left at the property when you move in. Make a note of the condition of the property, appliances and furniture. Typically, most rentals do come furnished. If possible, take photographs as this will protect you and also ask who is responsible for repairs to appliances that are not working correctly during your tenancy.
Get your Spanish rental contract in writing
In Spain, you can agree to a contract verbally or in writing. Make sure that you are given a contract to be signed by both of you and that you fully understand what is in the contract. If you are using a rental agency, they will usually go over this with you, but if you are renting privately it might be worth asking a solicitor to check the contract over for you before you sign on the dotted line.
Is it legal to ask for a two-month deposit in Spain?
Before you move in, the landlord has the right to ask you for a deposit. The deposit amount is legally capped to a maximum of two months worth of rent. However, landlords can request a higher amount depending on the risk associated with your tenant profile.
It is not unusual for landlords to request up to six months rent as a deposit, if you are on a low income, a student, or are self-employed. But they must state why they require a larger deposit from you. If you are on a regular income and are employed (which you can prove with wage slips and bank statements) the landlord can’t ask for a deposit of more than two months.
Always Insist on transferring the deposit rather than paying cash. That way you ll have proof of payment on paper. According to the Landlord and Tenant Law (Ley de Arrendamientos Urbanos (LAU), landlords must declare the deposit to an administrative authority within the autonomous community of the property so that it can be protected.
How do I get my deposit returned?
Many landlords don t know this. If your landlord doesn t mention registration, tell them to register your deposit there. This way your deposit is kept safe and you will receive it back at the end of the tenancy, provided you have left the property in good order.
In 2023 a new law was also introduced that tenants are not responsible for paying the agency fees or a commission, so if you find your property through an estate agent, the landlord has to cover their fees and not you as the tenant.
The different types of Spanish property rental agreements
There are two types of rental agreements, based on the length. A Short-term (Contrato de arrendamiento de temporada)contract is usually a year or less and is not extendable at the end of the contract date. A Long-term (Arriendo de vivienda) contract is usually set for one year and can be extended when the one year has expired.
If your landlord is a private individual, the contract can be extended up to five years, but if it is a rental company, the extension can stretch to seven years.
After the first year of an extendable rental contract, your landlord does have the right to take the property back if he or a family member wishes to move in. This must be done within three months of your first year ending and you have to be given two months notice to vacate.
If after three months the landlord has not said he will the property back for personal use, you are then legally allowed to extend the contract again for up to five years.
How much can my landlord raise my rent in Spain?
If the landlord makes improvements or renovates your accommodation, the landlord is allowed to increase the rent. However, the improvements must meet certain standards and the rent can t be increased more than 20% higher than your current rent. If no improvements are made to the property or old appliances replaced with new ones, for example, the law sets a maximum increase of 3% in the annual rental price.
What are the new rules for renting property in Spain?
As a tenant in Spain, you are allowed to make improvements to the property but you must get permission from the landlord first. Your landlord is also not allowed to enter your property without giving you prior notice of a date and time he will enter. He is also not permitted to sell the accommodation during your tenancy. You cannot legally be kicked out of the accommodation if the tenancy is still ongoing, even if the landlord sells it.
The laws have recently changed regarding eviction, as well. Spain’s Housing Law has introduced measures to increase tenants’ protection against evictions. Now, in cases of economic and social vulnerability, the law prevents the need for the consent of the landlord to ask for public administrations to assess their situation.
This measure ensures that people at risk are not evicted without a thorough assessment of their situation. In addition, the new Housing Law insists on a compulsory mediation procedure when the claimant is a large tenant and the tenant is in a situation of vulnerability. These measures are to ensure that vulnerable tenants receive the necessary support before an eviction is carried out.
Ending your Spanish property rental contract
When ending the tenancy agreement, the tenant must give two months notice. You should also receive your deposit back within one month. Be careful to check your rental contract as some landlords state that if you leave before the contract has expired you will still pay him the monthly rent until the contract has ended officially.
A landlord also has to give you two months notice at the end of a contract. This is why some tenants and landlords prefer to renew the tenancy agreements every year, to prevent such incidences from occurring.
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Written by
Gemma Middleton
Gemma is a content writer, teacher and screenwriter who has lived in Spain for 16 years. She’s now enjoying her time as an ’empty nester’
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