Rental Contract

relocation process

If you are looking for a rented house in Spain, it is important to know what your rights and obligations are. These are listed in the law “Ley de arrendamientos urbanos“. The most important items are summarized below.


Duration of the contract

The duration of the rental contract is agreed by both parties and lasts to a maximum of three years. If the landlord does not cancel the contract after this period, the rent will be renewed tacitly for another year.

The landlord can get the house back after one year’s rent if he needs the home for him, his immediate family or husband – in case of divorce, separation or annulment. If this is the case, the landlord must inform his tenant at least two months in advance.


Dissolution of the rental contract by the tenant

After the first six months rent, the tenant can leave the apartment whenever he wants, as long as he informs the landlord 30 days in advance without having to pay any immensity.

The new lease law also stipulates that the lessor and tenant can agree in the contract that if the tenant leaves the house prematurely, he compensates the lessor for an amount equal to one month’s rent for each year of the contract that has not yet expired. The periods less than the year are calculated proportionally. If someone has a contract for 3 years and leaves the home after 9 months, he has to pay 2.25 months rent as compensation.


Adjustment of rental price and deposit

Landlord and tenant no longer have to adjust the rent in accordance with the general CPI increases. They can update the rent each year in accordance with the conditions that they freely agree in the rental contract.

The deposit will not be changed during the first three years of rent. Whenever the lease is renewed, the landlord can demand a reduction of the down payment or tenant a reduction so that the deposit is equal to one or two monthly installments of the current rent, at the time of the extension.


Sale of the house with tenant

If the rented apartment is sold and the contract is registered in the land register, the tenant can stay in the house until the end of the contract, including the tacit renewal. If you are not registered and the new owner wants to terminate the rent, the tenant has the right to stay in the apartment for three months after he has been informed of the sale and intends to terminate the rent.

Landlord and tenant can agree that tenant waives his preferential right, regardless of the duration of the rent.



The payment of the rent can be replaced wholly or partially by the tenant’s commitment to reschedule or rehabilitate the rented property.

If the landlord makes improvements to the house and three years’ rent has expired, the landlord can increase the rent.

The tenant can adjust the house for reasons of disability or age (older than 70 years), provided that it has no influence on the common elements or services of the building, if it does not cause a decrease in stability or safety.


Expulsion of subordinated tenants

The “explicit expansion” has been streamlined. Tenants with a contract registered in the “Registro de la Propiedad” with a single month of non-payment, have a period of ten days to pay this from the moment the landlord settles the demand to pay through the judge or notary . If you still have not responded after 10 days or if you do accept the resolution, the rent ends, although the eviction of the house must be done through the court.


Register of final judgments of default of rent

Landlords can check whether their future tenant is displayed there. To do this, they must submit a proposal in which the tenant has been identified.

The persons included in the register may request that they be removed when they repay their debt. The registration, however, has a maximum duration of six years, after this period the registration is automatically canceled.

Registration in the register is subject to the provisions of Organic Law 15/1999 of 13 December on the protection of personal data.

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