Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Found the perfect city centre apartment? Or a sprawling country house? Whatever it is, if you’re renting, there are a number of things you should take into account as you prepare to sign the contract.
Quick Answer
What: Practical guide to tenant rights, contracts, and costs when renting a home in Spain.
Who it’s for: Expats and foreign nationals looking to rent residential property in Spain.
Key fact: Standard rental contracts run for 5 years (7 if landlord is a company) with annual CPI-linked rent increases.
CostaLuz difference: personalised quote legal advice. No percentage charges. Bilingual team since 2006.
In Spain there are two types of rental contracts:
- A contrato de arrendamiento de vivienda is a long-term agreement, subject to obligatory extensions as part of the Urban Lettings Act designed to protect those who rent their homes. Independently of the period agreed, once a tenant has stayed in the property for over a year, the contract must be extended for five years (if the landlord is an individual) or seven years (if it is a legal entity).
- A contrato de arrendamiento de temporada is a seasonalcontract. It is therefore not subject to obligatory extensions,regardless of the rental period agreed between the two parties. For example, a contract could be agreed for two years but still be a seasonal contract.
In both cases, there will be a number of factors to consider before you enter.
Up-front costs
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Before you sign a rental contract there are a few up-front costs that you’ll be expected to pay.
The first is the entry deposit (or “fianza” in Spanish) which is typically the equivalent of one month’s rent (but can be up to three).
The second is one month’s rent in advance.
Then, if you are using an agency as an intermediary, you’ll be expected to pay their commissions (also usually the equivalent of one month’s rent).
Proof of income
When renting a property you are likely to be asked for proof of income to show that you can cover the rent.
Usually, you are asked to provide your last three payslips but if you have just arrived in the country and haven’t started working yet, sometimes a signed work contract will be sufficient.
However, if you have neither of those things, there are three other options, depending on the owner’s willingness. You can:
- Pay six months of rent in advance (or any other type of similar large deposit).
- Get a guarantor, someone who legally agrees to pay the rent in case you can’t.
- Use another property you own or contact your bank for a guarantee if you default on payments.
In addition, you’ll be asked for your passport or ID card, and tax identification number if you’re working.
Monthly costs
Once you have moved into your new rental property, unless your agreement states otherwise, you will be responsible for a number of monthly costs.
Of course, one is the monthly rent. Though owners may let an occasional late rental payment slide, if you haven’t paid by the seventh of any month, the owner can legally take you to court in what is a relatively quick and straightforward procedure that can be completed without the help of a lawyer.
Rent aside, utility bills need to be paid too. In most properties, this will be the electricity and water bills – plus internet, if you require it.
Some properties will have gas installations, normally for hot water.
However, every contract is different and if you’re going directly to the owner, there’s always room for negotiation. Sometimes water or electricity can be included in the rental price, for example.
Another thing to consider is if the property has access to a parking space, a swimming pool or a garden. In those instances, you may also be expected to pay maintenance fees.
What’s more, the tenant is also responsible for small repairs to the property.
Rental properties are usually fully furnished and already have a washing machine, fridge and a stove, so that is one less thing to worry about.
Ending the contract
Though you’re only just moving in, it’s also worth bearing in mind how you can end the contract without penalty.
If you’re planning to leave a rental property, you must notify the property owner at least 30 days in advance.
However, if you agreed to a fixed duration, you may be expected to pay the difference if you leave ahead of time, even if you’re not living there anymore.
For you to get your security deposit returned, you first have to return the keys. From that moment the owner legally has 30 days to return the deposit.
In order to avoid any deductions, it is recommended to do an inspection of all rooms, furniture and appliances before moving in and keeping an inventory, with photographic proof, so that you can compare any damage when you leave.
Things to avoid
Speaking of things to steer clear of, there are a number of common practices that should be avoided if possible.
First of all, make sure everything is in writing. Don’t accept a verbal tenancy agreement.
Once you have a contract, read it carefully before signing to spot any clause that might go against your interests.
What’s more, if you want to avoid scams, don’t sign the contract or send any payment without visiting the flat beforehand. Try to avoid following listings that are posted outside Spain as the risk of a scam is much higher and they tend to be much more expensive.
Conversely, if you’re a landlord looking into buying in Spain, getting insurance that covers unpaid rent is something to consider.
We’re here to help. Contact us today for a free, no obligations chat.
Related Rental & Property Law Guides
Tenant vs Landlord Rights Under Spain’s LAU (Rental Law)
| Right / Obligation | Tenant | Landlord |
|---|---|---|
| Minimum Contract Duration | Can stay up to 5 years (7 if corporate landlord) | Must honor 5/7 year minimum |
| Deposit (Fianza) | 1 month rent (residential) | Must deposit with regional body |
| Rent Increases | Capped at INE reference index (post-2024) | Cannot exceed legal cap |
| Early Termination | After 6 months with 30 days notice | Only for personal need (specific conditions) |
| Repairs — Structural | Landlord’s responsibility | Must repair within reasonable time |
| Repairs — Minor / Wear | Tenant’s responsibility | Cannot charge for normal wear |
| Right of First Refusal (Sale) | Yes — 30 days to match offer | Must notify tenant before selling |
| Eviction for Non-Payment | 2-month notice required | Must go through judicial process |
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
Frequently asked questions
How long does a Spanish rental contract run?
A tenant can stay up to 5 years, or 7 if the landlord is a company, and the landlord must honour that minimum. Rent increases across the term are linked to CPI annually.
How much is the deposit, and when do I get it back?
The fianza is one month’s rent for a residential let, and the landlord must lodge it with the regional body rather than keep it. You have to return the keys first; from that moment the owner has 30 days to return the deposit.
How much notice do I have to give before leaving?
You must notify the property owner at least 30 days in advance.
What happens if I pay the rent late?
Owners may let an occasional late payment slide, but if you have not paid by the seventh of the month the owner can legally take you to court, in a relatively quick and straightforward procedure that does not require a lawyer.
What do I pay on top of the rent?
Utility bills — usually electricity and water, plus internet if you want it. Where the property has a parking space, a swimming pool or a garden you may also be expected to pay maintenance fees. You will also be asked for your passport or ID card, and a tax identification number if you are working.
We provide independent legal advice on Spanish law for international clients, with personalised quote pricing and no percentage of recovery. For a fixed-price quote on your specific matter, email marialuisa@costaluzlawyers.es.
Related guide: QuickLease rental compliance before purchase.
Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
Hi there,
My daughter and boyfriend are going to live in Barcelona.
They have found a place to rent. They have paid the agent one month as a fee and have signed the contract. The agent says we have to pay the deposit and first months rent before the landlord will sign. We expected to get a signed copy by both parties before we signed. Transferring such a lot of money to a private person seems risky without a contract signed by both parties.
Is this normal practice on Spain?
Duncan
Dear Duncan:
After the reform of the Housing Act, Agency fees in rental deals are now to be paid by the landlord.
You are just legally obliged to pay a deposit of one month and first monthly rental fee when signing the contract. Of course, the review of the rental draft and the obtaining of a certificate of ownership of the account where you are going to pay is advisable.
These are the legal conditions; nevertheless you must also be aware that due to the shortage of available properties to be rented, you are competing with many other potential tenants and therefore, with the conditions they can freely accept.
Hi Maria
I wondered if you’d be so kind as to straighten out a couple of issues I’m having regarding a seasonal rent contract I’m reluctant to sign?
The apartment costs €1600pm and I’ve already viewed it and would love to stay there. It was listed on Idealista as available for 10 months but because the agents insisted I pay ALL of the rent in advance, I opted for a five month tenancy to halve my liability. Can they insist on full rent up front, no matter how long the contract?
They are also charging an extra €2000 +VAT of agent fees/brokerage commission on top of £2k deposit! (But I just saw your message to Duncan saying the owner should pay that – does this apply to seasonal contracts too, or not?
I’m reluctant to pay £12k in advance, especially since I was told ‘none of it is refundable’, even if I cancel the contract or leave the property early due to aggressive neighbours, noisy dogs upstairs etc, (both of which I’ve experienced with air B&B!)
I’ve seen the draft contract and there’s no mention of:
1) my Security Deposit being held by any formal agency.
2) any safety certificate to prove it is habitable. Or energy certificate.
3) Community fees for pool, Basura etc being included in the rent (which we agreed by WhatsApp after they tried to charge me an extra £200pm for!)
4) Any names or bank accounts other than mine. I think the agents may be the owners – what’s the implications of this, if any?
There is also a penalty clause that says if I stay beyond the agreed date then rent will be charged at FIVE times the agreed daily rental amount, per day – Idealista’s rental template has this as ‘double’ the normal rate, not five times! Would this still apply if I was stuck there due to a pandemic lockdown? In fact, If I paid al this money, and covid stopped me even getting there to move in, would I lose all my money or would any of it be refunded?
I honestly appreciate your time.
The advice you provide is very valuable to people like me who just need a straight answer to standard questions.
If you can settle the above issues for me, I’d be very interested in a proper ‘contract review’ as there may be other abusive clauses or illegal omissions that I need to put straight. Its also in Spanish so could do with a professional review. If you do offer this sort of service, how much do you charge and how long does it take?
Dear Mike:
Based on the information you’ve provided regarding the basic seasonal rental regulations from LAU (Spanish Urban Lease Act), here are my observations and recommendations:
Purpose of Seasonal Rentals: Seasonal rentals are specifically for temporary needs, like vacations, temporary work, or studies. It’s essential that your contract clearly specifies the purpose of your rental to ensure it qualifies as a seasonal agreement.
Contract Duration: The contract’s duration is agreed upon by both parties, with no strict minimum or maximum timeframes defined by the law. You should ensure that the contract duration aligns with your intended stay and that the purpose for this duration is clearly stated (e.g., a three-month work project).
Contract Extensions: Extensions aren’t automatic for seasonal contracts unless explicitly agreed upon by both parties. If you think there’s a chance you might want to extend, consider discussing this upfront.
Tenant Departure: The tenant is expected to adhere to the contract’s duration. However, if there are specific circumstances under which you might need to leave earlier and these are agreed upon in the contract, then you can depart early. You might want to negotiate an exit clause that covers unforeseen events or challenges.
Landlord Reclaiming the Property: The landlord is expected to respect the contract’s duration. They can only reclaim the property during the term if you, as the tenant, violate the contract’s terms.
Security Deposit: The LAU dictates that two months’ rent should be taken as a security deposit for seasonal contracts. Make sure this is adhered to and that provisions exist for the return of the deposit at the contract’s end, given the property is returned in good condition.
Additional Guarantees: If the landlord requests additional guarantees on top of the security deposit, this can be added to the contract if both parties agree. Make sure you are comfortable with any additional guarantees before signing.
Given the above information and your initial concerns:
Upfront Payment: It seems unusual for a seasonal rental to require full payment in advance, especially if it’s for several months. You might want to refer to the LAU or consult a local attorney to verify if this is typical or allowed.
Agent Fees: If the LAU does not specify who pays the agent’s fees, you might need to negotiate this with the landlord or agency. Remember, for seasonal rentals, many terms can be negotiated between the two parties.
Contract Concerns: The deposit (and any additional guarantees) should be clearly stated, with terms for its return. Ensure the contract specifies the property’s intended temporary use, the exact duration, and the reasons for the rental (e.g., work, studies).
Finally, considering the value involved and the potential risks, it’s highly advisable to get the contract reviewed by a local attorney familiar with Spanish rental laws. They can provide a detailed understanding and might catch any potential issues or clauses that could be unfavorable to you.
Furthermore, we would be delighted to review your contract if you require such assistance. Ensuring that all the terms are fair and in alignment with local regulations is crucial for your peace of mind, and we’re here to support you in that endeavor.
Best regards
Maria L. de Castro
General Director
Costaluz Lawyers
Hello I am looking for some advise, I’ve recently rented a local. And I’ve just found out it’s been empty for more than 10 years I understood it has been empty for just a few years. There is not water or electricity and the local needs to have all the electrics reinstalled for the new legislation so I can get the certificate. I understand that it’s my responsibility to pay for a new contract and connection fee but I don’t think it’s my responsibility to have the local reinstalled which will cost thousands.. the landlord is refusing to help me. Can you please advise me
Dear Simon:
In Spain, the Ley de Arrendamientos Urbanos (LAU) or Urban Lease Law governs the rental of urban properties, which includes both residential leases and commercial leases, like the one for your “local” (commercial space).
Here are some general considerations based on the LAU, but keep in mind that these should not replace professional legal advice:
Responsibility for Repairs: As per Article 21 of the LAU, the landlord is typically responsible for any necessary repairs that are required to keep the property in a condition suitable for the use agreed upon in the lease. However, unless otherwise stated in the lease, the tenant would be responsible for repair costs when the damage is attributable to the tenant’s conduct.
Structural and Habitability Upgrades: If the electrical system needs to be updated to comply with new legislation for the property to be operable or habitable, it’s generally seen as the landlord’s responsibility to cover these costs, as they are obliged to deliver a property that is fit for the purpose for which it is rented.
Negotiation and Lease Agreement: The specific terms of the lease can override the general rules, as long as they don’t infringe on the mandatory rights of the parties. If the lease stipulates that the tenant accepts the premises “as is” or includes a clause assigning these types of upgrades to the tenant, this could affect your situation.
Legal Disputes: If there’s a dispute that can’t be resolved through negotiation, tenants have the right to take legal action. The courts can determine the interpretation of the lease and the application of the LAU.
Hope the above helps. We will be very pleased to help if you need further assistance
Best wishes
María
Hello, I have been renting an apartment for 2 years and now the induction hob stopped working providing an error message from one day to the other. My landlord claims that I am responsible for carrying the costs of fixing it. Is this correct? I notified her in due time . My contract states that the owner is responsible to maintain the apartment in livable conditions.
Dear Scarlett:
Under Spanish rental law, your landlord should generally fix the induction hob if it broke due to normal wear and tear. It’s their duty to keep the apartment livable. Since you’ve notified your landlord promptly, they should handle the repair costs, not you. Just double-check your rental agreement for any specific clauses, but typically, major repairs are the landlord’s responsibility in Spain.
We will be pleased to help you further on this
Best wishes,
Maria
Hi Maria,
I wondered if you could answer a question around guarantors. I’ve previously lived in Spain but 2 years ago, but then moved back to the uk and now I’m moving back with my boyfriend who is Spanish. In the Uk I have worked on a good salary for two years and have payslips as proof, and in Spain I’ll continue in the same role at a reduced salary (likely just short of the minimum we’ll need monthly to rent demonstrate we have the income to rent). However I’m not sure a) if my evidence is accepted since it’s from the Uk and b) if my new income alone would even be enough for the proof we can pay the rent. My boyfriend was made redundant in the UK at Christmas so he doesn’t have a job yet.
This brings me to my question. If my income from England isn’t accepted as proof, how does it work with a ‘guarentor’? In the uk I know someone who does have the proof of income can simply sign a contract to agree they will pay in the event we don’t, no fees etc. Is it the same in Spain and what is the name? My boyfriend’s family should be able to help in this case but we just aren’t sure if that’s how it works!
Thanks,
Claudia
Dear Claudia:
In Spain, a guarantor (“avalista”) can support your rental application by agreeing to cover rent if you’re unable to. Your UK income may not always meet Spanish landlords’ preferences, but having a guarantor strengthens your position. Guarantors need to show financial stability, and their commitment is legally binding within the rental agreement. No extra fees are involved for having a guarantor. Additionally, rental default and eviction insurance in Spain provide another layer of security for landlords, covering unpaid rent and legal costs, which could be an alternative to satisfy rental income proof requirements. It’s wise to discuss these options with landlords or rental agencies, especially since rental practices can vary across Spain.
We will be very pleased to assist you with anything related to this.
Best,
María
We’ve finally been “accepted” by a landlord, according to the personal shopper realtor person. But he wants us to pay him his fee to “reserve” the apartment before we sign a lease. Is this normal? To send the realtor fee before signing the lease or even talking to the landlord? I don’t want to be scammed.
Dear Meghan:
Paying a realtor fee before signing a lease and without direct landlord communication is unusual in Spain and raises red flags. Typically, fees are paid by the landlord or after signing the lease. Always insist on a lease agreement first and ensure transparency with documented receipts. Conduct due diligence on the realtor and property to avoid potential scams. It’s wise to proceed with caution and possibly seek legal advice.
Hope the above helps
Best,
María
Dear Maria,
We are a couple living in our rental in Madrid for 6 months now. In January were freshly moved to Madrid without any working contracts signed at the moment when we were looking to rent so we we’re the “high risk” type of renters, therefore our landlord asked a lot of upfront payment.All is on paper and traceable because all payments were done by bank transfer. He basically made us pay the equivalent of a month as a reservation, then he made us pay him 2 months deposit + 1 month warranty, and on top of it he made us pay 6 months in advance, but the advance was considered the last 6 months of the contract. So we basically started paying rent from the first month we moved in. Now, we really had no choice but accept it because he was literally the only person who accepted us ….and we looked quite a few places….We even gave him an informative note on the general state of the apartment 2 days after we moved in with what we thought it wasnt right, mentioning that overall we did not receive the apartment as a new one, and attached pictures with the most visible things. So all seems good, BUT , my only concern is that, since he has over 4000 euro as deposit and warranty money AND in the contract there is a clause that sais “Los arrendatarios se compromete al termino del contracto a entregar en IDENTICAS conditiones en que recibe tanto la vivienda como el mobiliario y equipo…..” will he try to impute us money for not giving him back the apartment in the EXACT state ???? I mean identical it will not be because we are living in it and using it, and at the end of it the apartment will have, what they call “signs of natural wear” the little signs after u used a place… like a little stain on a wall after , or a door that will close or open a little less easy because it was already worn out, minor stuff like that.
Thank you,
Robert
Dear Robert,
Thank you for your message.
It is common for landlords to ask for deposits and advance payments in cases where tenants may be considered “high risk.” Given your situation, it is understandable that you had to agree to these terms.
Key Points:
-Natural Wear and Tear:
Spanish rental laws recognize that some natural wear and tear is expected when renting a property. You should not be held responsible for normal signs of use.
-Documenting Condition:
It is good that you documented the apartment’s condition with photos and a note when you moved in. This can serve as evidence of the apartment’s initial state.
Recommendations:
-Keep Records:
Maintain all communication and records of payments and any agreements made with your landlord.
-Inspection Before Moving Out:
Request a joint inspection of the apartment with your landlord before moving out to agree on any potential issues.
-Legal Advice:
If you have concerns about your landlord unfairly withholding your deposit, consider seeking legal advice.
Hope the above helps!
Dear Robert,
I an a UK citizen and have been in private negotiations for a 3 month seasonal contract. I have paid 1 month deposit/reservation fee, but have not signed the contract. My circumstances have now changed and I cannot go ahead with the rental. I have advised the landlord in writing, but they are unwilling to return the deposit, saying that I am responsible for the losses they have suffered (it is currently a holiday let advertised on Air b&b). Do I have the right for my deposit to be returned in full, if we do not have a signed contract. There is no clause to specify what happens if the agreement isn’t signed. They have said they are going to try abd re-let the apartment, but they are still reluctant to return my deposit.
If there is no signed contract and no specific clause addressing the situation, the return of your deposit depends on contracting standards and if existing- on policies available. Generally, without a signed contract, it could be argued that the deposit should be returned, especially if the property is re-let. However, the landlord may claim compensation for any losses incurred due to the cancellation.
HelloMy daughter and her friend had an very bad experience with an agency in Barcelona back in the autumn of 2023. It was a short term 3 months contract from September 4th to December 4th.They had to move out in the end of October as the police said that the place was not safe to live in. The appartment below was used to sell drugs from and the appartment they rented had most probably been used to sell drugs from previously (according to the Police).They signed a RESCISION DE CONTRATO DE ALOUILER on November the 2nd with the reservation that no deposit should be held back do to all the issues with the appartment (there was a lot of other issues with the appartment: not clean when they moved in, a lot of thing not working, frontdoor in hallway was removed by drug dealers). We had to find some expensive rental on Airbnb for the last month but expected to get the deposit back (2 months = 1700 EUR). They refused because they have moved out early!! So because they have not paid the last month af rent, two months of retn was withheld due to breach of contract. Really not fair. I really don’t understand, if what they have done is ok also from a legal perspective?The girls did nothing wrong but renting this very bad appartment. Done from Denmark but you do expect some minimum standards from a «Professional» agency.
In Spain, landlords and agencies are legally obliged to deliver a property that is safe and habitable. If the flat is unsafe or unsuitable (for example, due to criminal activity or serious defects), tenants have the right to terminate the contract without penalty.
If there was a rescission agreement stating that the deposit should not be retained, then keeping it is not lawful. In these cases, tenants can claim back their deposit by sending a formal legal demand (burofax), and if necessary, take the matter to court.