Tenants Rights When Renting A Property In Spain

Renting a home in Spain can feel overwhelming—especially if you're new to the country or dealing with your first tenancy in a foreign language. Fortunately, Spain's tenancy laws continue to evolve in favour of the tenant, offering stronger protections and clearer procedures. This up-to-date 2025 guide explains everything you need to know before and after signing a rental agreement—from inspections and contract types to rent caps, eviction rules, deposit laws, and your right to peaceful occupancy.

Inspect the Property Before You Commit

Before signing anything, inspect the property thoroughly. Common issues include dampness, black mould (especially around windows and kitchens), malfunctioning appliances, and hidden structural problems. For furnished properties, take inventory and check the condition of all furniture, utensils, and included goods. Faulty items or existing damage should be documented immediately in writing.

It's common practice for landlords or agents to provide a pre-tenancy checklist, but don’t rely on them alone. Take your own photos or videos during the inspection and have both parties sign off on their accuracy. If disputes arise at the end of the tenancy, this documentation could protect you from unfair claims or deductions.

Who Owns the Property?

Rental scams still happen in Spain—especially in big cities and coastal hotspots. Never assume the person you're dealing with is the legal property owner. Always ask for ID and verify their name matches the details on the property’s land registry record. You can order a nota simple online through Registradores.org to confirm legal ownership. This small step could save you thousands and a legal nightmare.

Types of Rental Contracts in Spain

There are two main types of rental contracts in Spain:

• Short-term contracts (arrendamiento de temporada): These are limited to 12 months and typically used for students, workers on temporary assignments, or seasonal renters. These contracts are not automatically renewable.
• Long-term contracts (arriendo de vivienda): Used when the property is your main residence. These contracts provide stronger legal protection and must allow the tenant to stay for a minimum of five years (or seven if the landlord is a company).

If your contract doesn’t mention the duration, it is automatically assumed to be a long-term lease. In that case, tenants are entitled to stay for the minimum legal duration, regardless of verbal discussions.

Understanding Renewal and Termination

After the initial five (or seven) years, contracts are automatically extended annually for up to three more years unless either party gives notice. Landlords must give at least four months’ notice before the contract ends; tenants must give two months.

Tenants may cancel the lease after six months, as long as they provide at least 30 days’ notice. If the contract includes a compensation clause, the tenant might be liable to pay one month’s rent for each remaining year, prorated if less than a year remains.

Special Clauses: What If the Landlord Wants the Property Back?

If the landlord (a private individual) wants to move into the property or house an immediate family member, this must be pre-agreed in the contract. They must notify the tenant with at least two months' notice. If they do not actually use the property within three months of reclaiming it, the former tenant can seek reinstatement or financial compensation.

What Happens If the Property Is Sold?

If you’ve signed a long-term lease, the buyer inherits the tenant along with the property. You cannot be evicted simply because the property changes ownership. This was reinforced in the 2019 reforms and remains in place under 2025 rules.

Deposits: What You Should Know

Landlords are entitled to request a security deposit equal to one month’s rent. Additional guarantees (bank guarantees, extra deposits) are legal if both parties agree, but must be clearly stated in the contract.

Importantly, deposits must be lodged with the housing authority of your region (e.g., IVIMA in Madrid, INCASOL in Catalonia). Failing to do so is illegal, though it often goes unenforced. When your lease ends, the landlord has 30 days to return your deposit—or provide documented reasons for any deductions. If not returned in time, interest may accrue in your favour.

More info: How to get your deposit back.

Rent Increases and Inflation Caps

Annual rent hikes are no longer automatic. Under the new housing law, any increases must align with official inflation indicators—typically capped at the Consumer Price Index (CPI) or a specific government-determined rate (currently around 3%). This prevents landlords from inserting abusive upward revisions into contracts.

Can You Still Pay Rent in Cash?

No. Under the 2023-2025 rental reforms, rent and deposits must be paid via traceable methods—bank transfer, direct debit, or similar. Cash payments are prohibited even if both parties agree. Landlords are legally required to issue receipts for all payments.

More info: Paying rent in Spain: what the law says

Your Rights During the Lease

Once you’ve moved in, you have the right to enjoy the property without disturbance. Landlords cannot enter without your written consent. Emergencies aside, unannounced visits are illegal and can be reported. You are also entitled to live in a safe, habitable property. Essential repairs are the landlord’s responsibility.

If you wish to make changes to the property—e.g. painting, hanging shelves, or installing fixtures—you generally need written permission. Any changes that impact structural integrity must be reversed if not approved.

Disability Access and Senior Tenants

If you’re over 70 or have a registered disability, you’re allowed to carry out modifications to improve accessibility (e.g. ramps, handrails). These improvements must be reasonable and documented, and you may need to return the property to its original state after the lease ends—unless the landlord agrees otherwise.

Your Duties as a Tenant

Tenants are obligated to allow reasonable access for planned maintenance and improvement work. If you refuse, the landlord may have legal grounds to terminate the lease. That said, you have the right to reasonable notice (at least three months) and can request a rent reduction or compensation for inconvenience, especially if significant parts of the property become unusable during the work.

If you disagree with the works, you can withdraw from the contract by giving one month’s notice from the date of the notification.

See also: Spain's Tenancy Act (LAU)

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