Can a landlord increase the rent during my contract?

Annual rent increases during a residential contract in Spain are capped by law. The specific cap varies by year and legislation — from 2024, increases are linked to a negotiated index rather than the CPI. Check current rules at the time of signing.

What happens if my landlord sells the property?

If the property is sold during your tenancy, you generally have the right to continue your contract under the new owner for the remainder of the minimum five-year period. You may also have a right of first refusal to purchase the property — this should be specified in your contract.

Is the rental contract valid if it's not in Spanish?

Spanish rental law doesn't require contracts to be in Spanish — bilingual contracts are valid. However, if there's a dispute, a Spanish court will apply Spanish law regardless of the contract language. Having a Spanish-language version or a certified translation is advisable.

Spanish Rental Contracts: What Tenants Need to

The Urban Rental Law (LAU)

Spanish residential rental contracts are governed by the Ley de Arrendamientos Urbanos (LAU). Key provisions include: minimum contract duration of five years (seven if the landlord is a company), annual rent review capped at the CPI (consumer price index) or agreed index, mandatory security deposit (fianza) of one month's rent, and automatic renewal rights after the initial term if neither party gives notice.

Duration and Renewal

Under current law, if your contract is for less than five years (and the landlord is an individual), you have the right to extend it annually up to five years total. After five years, the contract continues annually unless either party gives 60 days' notice (tenant) or 4 months' notice (landlord) to end it.

Deposit (Fianza) and Additional Guarantees

The legal fianza is one month's rent for residential properties. Landlords may also request an additional deposit (garantía adicional) of one or two months. This additional deposit is legally permitted but should be specified in the contract. At the end of the tenancy, the total deposit must be returned within 30 days, minus legitimate deductions.

Rent and Increases

Rent reviews are capped by law. Since 2024, annual rent increases in Spain have been linked to a specific negotiated index (rather than the CPI, which caused issues during high inflation). Check current legislation for the applicable cap at the time of signing.

Termination Rights

As a tenant, you can leave after six months by giving 30 days' notice, losing only the remaining days of the notice period from your deposit (if relevant). The landlord can only recover the property within the initial five-year period under specific circumstances (including needing it for their own use). Always get legal advice if a landlord attempts early termination.

What to Check Before Signing

Who is the landlord — individual or company?
Is the property registered in the Land Registry in the landlord's name?
Are all fixtures and fittings itemised in an inventory (inventario)?
Are utilities included or excluded?
Are community fees (gastos de comunidad) included?
What is the process for repairs and maintenance?

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Spanish Rental Contracts Explained: Key Terms, Rights, and What to Watch For