Spain remains one of the most popular countries in Europe for long-term stays, offering a vibrant culture, warm weather, and a high quality of life. Whether you’re a tenant seeking apartments to rent in Spain long term or a homeowner looking to lease your space, understanding the local rules and legal requirements is crucial. Knowing the common regulations can help avoid misunderstandings and ensure a smooth rental experience.
1. Rental Agreements Must Be in Writing
Although verbal agreements are technically legal in Spain, written contracts are the norm and strongly recommended. A proper rental agreement (Contrato de Arrendamiento) should include:
- Duration of the lease
- Monthly rent and deposit details
- Responsibilities for utilities and repairs
- Notice periods for termination by either party
Long-term rental contracts typically span five years if the landlord is an individual (seven if a legal entity), with automatic yearly renewals unless one party gives notice.
2. Security Deposits Are Regulated
Landlords are allowed to ask for a security deposit, typically equal to one month’s rent for primary residences. For commercial properties or seasonal rentals, higher deposits may be required. By law, the deposit must be returned within a month after the tenant vacates the property, provided no damage has occurred beyond normal wear and tear.
In some regions like Madrid or Catalonia, landlords are required to register the deposit with a regional housing agency. Failure to do so could result in penalties.
3. Legal Rent Increases Must Follow Index Guidelines
Rent increases are regulated under the Urban Lease Act (Ley de Arrendamientos Urbanos – LAU). For long-term contracts, landlords can only increase rent once a year, and it must align with the Consumer Price Index (CPI), unless another index is stated in the contract. Any other increase must be explicitly agreed upon and justified, such as improvements to the property.
4. Repairs and Maintenance: Who Pays for What?
Tenants are responsible for minor repairs and routine maintenance, such as replacing light bulbs or keeping the property clean. Landlords, on the other hand, are responsible for structural repairs and major maintenance tasks, such as fixing plumbing issues or replacing malfunctioning appliances (unless tenant-caused).
It’s essential to document the condition of the property in an inventory report upon move-in to avoid disputes over damages later.
5. Tenant Rights and Eviction Procedures
Spain has robust laws to protect tenants. Even in the case of non-payment, landlords cannot evict tenants without going through legal channels. The eviction process can take several months and must be initiated by a court order. During this period, tenants maintain the right to occupy the property.
Additionally, tenants can’t be removed for selling the property. The buyer must honor the existing lease unless otherwise agreed.
6. Tax Obligations for Landlords
Landlords renting out properties are required to declare rental income and pay the applicable taxes. For residents, this income is included in their personal income tax returns. Non-residents who earn income from properties in Spain must file tax returns as well, even if they live abroad.
There are also tax deductions available, such as for property maintenance, repairs, and mortgage interest, depending on the type of rental and region.
7. Registration and Licensing Requirements
In some cities, especially tourist hotspots like Barcelona or Valencia, homeowners must obtain a license to rent out their properties, especially for short-term or vacation rentals. This is part of Spain’s effort to regulate the tourism sector and ensure compliance with safety standards.
For long-term rentals, registration may still be required with the local town hall, particularly if you plan to rent space in your home while continuing to live in it. Always check with local authorities before leasing.
8. Utility Bills and Community Fees
It’s important to clarify in the rental agreement who is responsible for utility bills—electricity, water, gas, and internet—as well as community fees, which cover building maintenance and shared services. In most long-term rentals, tenants pay for utilities, while landlords cover community fees. However, this can vary and should be specified in the contract.
9. Subletting and Guest Rules
Tenants generally need written permission from the landlord to sublet the property or rent rooms to others. Unauthorized subletting can lead to termination of the lease. Furthermore, many residential buildings in Spain have strict community rules that limit the number of overnight guests and noise levels.
Understanding these rules is especially important for expats or digital nomads who may be considering shared living arrangements.
10. Termination and Notice Periods
Tenants can end the contract after six months by giving 30 days’ notice, unless otherwise stated. Landlords must give four months’ notice if they wish to reclaim the property for personal use, but only after the contract has reached its agreed term. Early termination by the landlord is generally restricted.
Being clear on notice periods protects both parties and ensures smooth transitions.
Conclusion: Simplifying Rentals with Trusted Services
Navigating the rental landscape in Spain can be complex, but being informed about the local rules can save time and prevent costly mistakes. Whether you’re a property owner looking to lease your space or a tenant in search of long-term housing, using a professional platform streamlines the process.
For those looking for secure and flexible solutions, FlexsiRent offers access to a range of short-stay and extended-stay accommodations, from private rooms to full homes, tailored for solo travelers, business professionals, and relocation needs. With its transparent platform and professional service, both renters and homeowners can enjoy a stress-free experience.