Spain: renting a home, the checklist
From the budget to getting the deposit back: what to check in the lease, what you pay on entry, how the rent is updated and how to leave, in order.
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Time: a few weeks, from the viewing to the keys
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The plan
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General expenses go to the tenant only if agreed in writing with their annual amount (LAU article 20.1); utilities with a meter are always yours (article 20.3).
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The additional guarantee cannot exceed two months in leases of up to five years (article 36.5). They cannot demand more than one month in advance (article 17.2).
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There, the initial rent has a limit based on the rent of the previous contract of the last five years (article 17.6).
The viewing
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To be valid, the agreement must be in writing and set the annual amount at the date of the lease (article 20.1).
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Real estate management and lease formalization expenses are the landlord’s (article 20.1).
The lease
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Unless you give thirty days’ notice that you do not want to renew (article 9.1).
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If it sets the IRAV, the site’s calculator gives the new rent each year (article 18.1).
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You can terminate after six months, giving thirty days’ notice; there is compensation only if agreed (article 11).
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The landlord must give you a receipt, with the rent and the other items separately (article 17.2 to 17.4).
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Stipulations that change the residential lease rules to the tenant’s detriment are void, unless the rule allows it (article 6).
Entry
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It is one month and is not updated during the first five years, seven if the landlord is a legal entity (article 36).
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It serves as proof when you leave: repairs needed for habitability are the landlord’s, except damage attributable to you (article 21.1).
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They are always for the tenant’s account (article 20.3).
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If he does not give it, the costs of recording the payment are his (article 17.4).
During the tenancy
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It can be demanded from the month after the notification (article 18.2). The IRAV calculator gives you the reference limit.
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Urgent ones to avoid imminent damage you can do, giving prior notice, and claim their cost (article 21.3). Small ones from ordinary use are yours (article 21.4).
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If they last more than twenty days, the rent goes down in proportion to the part of the home you are deprived of (article 21.2).
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They count from when the decision to sell, the price and the conditions are notified to you in a reliable way (article 25.2).
Leaving
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30 days not to renew in the mandatory extension (art. 9.1) and to terminate after six months (art. 11); 2 months if the minimum of 5 or 7 years has passed (art. 10.1).
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LAU article 36.4.
Keys in hand
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Good to know
- This list applies to the rental of a main residence under the Urban Leases Act. Seasonal lets, room rentals and tourist lets have other rules.
- The tight-market zone is declared by an autonomous community under Law 12/2023: check whether yours is one and what advantages it gives.
- The law changes: Royal Decree-law 26/2026 of September 29 amended articles of the LAU and Congress repealed it on October 2, 2026. Check the text in force.
- This is not legal advice. In a conflict with the landlord, a tenants’ association, your community’s housing office or a lawyer can help.
Frequently asked questions
What do I have to pay when signing a lease?
The deposit of one month and, at most, one month in advance; also, if agreed, an additional guarantee of up to two months in leases of up to five years (articles 17.2 and 36).
How long is the lease and can I leave earlier?
What is agreed, with mandatory extension up to five years (seven if the landlord is a legal entity). You can terminate after six months giving thirty days’ notice; there is compensation only if the lease provides for it (article 11).
Who pays for repairs?
The landlord, those needed to keep the home habitable, except damage attributable to the tenant; the tenant, small repairs from wear in ordinary use (article 21).
When do I get the deposit back?
The law sets no single deadline, but if it is not returned in the month after the keys are handed over, the balance earns legal interest (article 36.4).
Can they raise my rent whenever they want?
No: only on the anniversary of the lease, if agreed, notifying it in writing with the percentage, and demandable from the following month (article 18).
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
For your lease, a tenants’ association, your autonomous community’s housing office or a lawyer are the first people to ask.