Spain's landlord and tenant laws are judged by the Global Property Guide to be Pro-Tenant between landlord and tenant. Spanish rental law tends to be pro-tenant, particularly in long-term leases. The Ley de Arrendamientos Urbanos (LAU) provides strong protections for tenants, including lease extension rights, eviction protection, security deposit regulation and major repairs responsibility.

Rents: Can landlord and tenant freely agree rents in Spain?

The landlord and tenant can freely agree the rent. Monthly rent payments are the general rule, with the rent due within the first seven days of each month.The landlord cannot ask for more than one month payment in advance.

• Lease Duration – The contract should clearly specify the rental period. Under Spanish law, tenants have the right to extend long-term leases up to five years (or seven years if the landlord is a company), even if the initial agreement was for a shorter term. The contract should also outline the renewal process.

• Rent Amount and Payment Terms – The monthly rent should be explicitly stated, along with details on when and how it should be paid. It's important that the payment method and schedule are clearly defined.

• Security Deposit – Typically, tenants must provide a deposit equal to one month’s rent for unfurnished properties and two months’ rent for furnished ones. Some landlords may also request an additional guarantee. The lease should clearly state the conditions for refunding the deposit, including any deductions for unpaid rent or damages. Spanish law requires landlords to deposit the security amount with a designated public agency based on the property's location. The deposit is returned within one month after the lease ends, provided there are no outstanding debts or damages.

• Maintenance and Repairs – Tenants are generally responsible for minor upkeep, such as replacing light bulbs or unclogging drains, while landlords handle major repairs, like fixing electrical systems. The contract should outline the process for reporting and resolving maintenance issues and specify who is responsible for each type of repair.

Deposits

The landlord has the right to only one month's rent as deposit (fianza). During the five years minimum duration of the tenancy contract, a landlord is not allowed to update the deposit amount. Article 36 of the Spanish Urban Leases Law (Ley de Arrendamientos Urbanos - LAU) stipulates that the security deposit must be equivalent to one month’s rent for residential leases and two months’ rent for commercial leases. This distinction highlights the different legal treatment of residential and commercial rental agreements under the LAU.

What rights do landlords and tenants have in Spain, especially as to duration of contract?

Tenant and Landlord Rights in a Rental Agreement

• Tenant Rights – The tenant has the right to reside in the property for the duration of the lease, enjoy privacy, and use the property under suitable living conditions. Major repairs are the landlord’s responsibility unless the tenant caused the damage.

• Contract-Specific Rights – Certain rights must be explicitly stated in the lease, such as keeping pets, hosting visitors, using the property for professional activities, or having the right of first refusal if the property is sold.

• Landlord Rights – The landlord has the right to receive rent payments on time and can evict the tenant for non-payment or serious contract violations. They are also entitled to inspect the property to ensure proper maintenance and, near the lease’s end, show it to prospective tenants.

• Repair Responsibilities – In some cases, the responsibility for repairs is transferred to the tenant, but this must be clearly outlined in the lease agreement.

Short-term rentals in Spain are highly regulated and can only be legally offered if the property has a special license known as a licencia de alquiler turístico.

This type of rental is intended for stays of less than 30 days and often leads to conflicts in buildings that house both tourists and long-term residents. To avoid issues, landlords typically require tenants to follow building rules, refrain from hosting parties or making excessive noise, and respect neighbors’ right to a peaceful environment.

In many regions, landlords must register their property and obtain a license for short-term rentals. Regulations are particularly strict in high-tourism areas such as Barcelona, Madrid, and the Balearic Islands, where local authorities closely monitor the market. As a tenant, it’s important to verify that the property is legally registered before renting.

How effective is the Spanish legal system in eviction cases?

Evicting a tenant for non-payment of rent in Spain typically takes a minimum of six months, though the process often extends beyond that. On average, completing an eviction takes around seven to eight months, but in many cases, it can exceed a year. If the tenant does not have a formal rental contract, the eviction process may take even longer, especially if proof of rent payments is required.

Legislation

Ley de Arrendamientos Urbanos de 1994.

Brief history: Recent changes in Spanish landlord and tenant law

The Law of Urban Leasing (Ley de Arrendamientos Urbanos), which came into effect on 1 January 1995, ended the forcible extension provision of the old 1964 law which made rental contracts indefinitely renewable by the tenant. It allows landlords gradually to raise the old controlled and ridiculously low rents towards real market prices, and, eventually, to recover their own property. The law also provides tenants with more security than the previous laws, and obliges landlords to renew residential contracts each year for up to five years.