Arriving in Spain and signing a lease may seem simple, but it is advisable to be familiar with the steps and rights granted by the Law on Urban Leases (LAU). Below are the most relevant aspects to protect the tenant and avoid setbacks:
- Deposit (Security) and Additional Guarantees
By law, the landlord may require a deposit of one month’s rent, which is compulsory in dwellings used as permanent housing according to article 36 of the LAU. This deposit cannot be used for the daily payment of the rent and must be returned within 30 days after the handover of the keys, together with interest if applicable. It is advisable to pay the deposit by bank transfer and require proof of payment. The autonomous communities must keep custody of these funds.
- Duration and Extensions of the Contract
Contracts must specify their duration, but the LAU introduces automatic renewals to protect the tenant:
- If signed for one year, it is mandatorily extended for up to five years (or seven if the lessor is a legal entity).
- The landlord must give four months’ notice if he wants to repossess the property; the tenant must give two months’ notice.
- The tenant can withdraw after six months, with at least 30 days’ notice.
- Increases, Extensions, and Market Conditions
- The Housing Rent Reference Index (IRAV) is the only legal index for rent review during the first five years.
- In stressed areas, increases may be limited or incentive tax assumptions for landlords to reduce the price.
- If improvements are made that benefit the tenant, the landlord can agree to an exceptional increase, notified and documented.
- Condition of the Dwelling and Repairs
The contract and the regulations require that the property be handed over in a habitable condition and free of defects. The landlord must pay for the necessary repairs.
It is advisable:
- Carry out a detailed inventory at the beginning and end of the contract.
- Take photographs and inform the owner about previous defects.
- Entry, Sale, and Evictions
- Tenants retain the right to remain in case of sale if the contract is registered.
- The landlord may not enter the property without prior notice, except in emergencies.
- To repossess the property for own use, the landlord must give two months’ notice, applying the time limits mentioned above.
- What If They Withhold the Bond?
In the event of a dispute over the deposit:
- Request financial breakdown and invoices.
- Contact the relevant regional body.
- Send a burofax demanding the formal return.
- If this does not work, consider legal action.
Before signing, it is important to understand the security deposit, contractual duration, rent increases, and mandatory guarantees. These rules protect the tenant and allow you to rent with peace of mind and realism. A professional approach, with real examples and accurate references, will give the article an authentic and reliable tone.
