Hidden Estate Agent Fees in Spain Still Hitting Expats in 2025
Spain News
Published: 13 May 2025 13:03 CET
Spanish Agents Still Charging Tenants Fees in 2025 — Despite the Law
Foreign renters in Spain are still being stung by illegal agency fees in 2025 — years after the law was supposed to make such charges history. If you’re moving into a rental property and told to pay a month’s commission on top of your deposit, chances are you’re being misled.
What the Law Actually Says
Since the Ley de Vivienda reform passed in 2023, agency fees for rentals must be paid by the landlord — not the tenant. This rule applies to all residential rentals when the landlord is a business or rents more than one property.
In simple terms: if you’re renting a flat and dealing with an estate agent, you should not be asked to pay the commission. Yet in many cities — particularly Madrid, Barcelona, Valencia and Malaga — agencies are still pushing tenants to cough up hundreds of euros to "secure the property."
The Legal Grey Zone Agents Exploit
Some agents try to sidestep the law by claiming:
- The landlord is a “private individual” (even when that’s false)
- The tenant requested the agency’s services (they didn’t)
- They’re charging a “gestoría” fee instead of a commission
In practice, many expats and international students — often unfamiliar with Spanish rental law — are the easiest targets. Landlords are happy to offload the cost onto the tenant, and agents rarely face consequences for doing so.
What You Can Do If You're Asked to Pay
If you're told to pay an agent's fee, ask for the landlord’s name and how many properties they own. Under Spain’s housing law:
- Landlords must pay agent fees if they rent more than one property or use an agency
- Fees cannot be disguised as “processing” or “contract” fees when charged by the agent
- Consumers can report abuses to regional housing departments (Oficina de Vivienda) or municipal consumer protection bodies (OMIC)
Demand receipts and written explanations for any requested payment. If the agency backs down when challenged, that’s a red flag in itself.
Madrid and Barcelona Hit Worst
In cities with the tightest rental markets, estate agents know that demand outweighs supply — and they take full advantage. Reports in 2024 and early 2025 from consumer rights groups show that fee abuse is particularly rampant in:
- Madrid: Hidden "admin" charges are commonplace
- Barcelona: Some agencies openly advertise tenant fees despite the law
- Valencia: Students and newcomers are regularly overcharged
- Malaga: International tenants face €600+ upfront costs billed as “contract handling”
Don’t Assume It’s Legal Just Because It’s Common
Many foreign residents assume Spanish rental agents operate like UK or US counterparts — but that’s not the case. In Spain, if you’re using an agent to find a long-term home, the law says they work for the landlord, not you.
Even if thousands of tenants are paying these fees, that doesn’t make them legal. In fact, it’s evidence of how poorly enforced Spain’s tenant protections still are in 2025.
Need Help Understanding Rental Rules?
Check out these related guides:
Health Insurance Tip for Expats Renting in Spain
Whether you're settling in for a few months or staying long-term, private health cover is often required for visa approval — and can offer peace of mind that public healthcare alone won’t. If you're an expat, student or working remotely from Spain, the Sanitas Top Quantum plan offers full coverage — including accidents, hospital stays and emergencies.
