Ten Essential Tips for Tenants in Spain: Landlord Relationship, Rights, and Obligations

Specialization in Real Estate Law and experience in numerous leases have motivated us to prepare this ten-tip guide for tenants. These tips are based on client inquiries and cases where we had to resolve problems due to not following these recommendations.

1. Maintain a Good Relationship with Your Landlord

A lease is a prolonged legal relationship between two parties, either individuals or legal entities. Unlike a sale, a lease is not completed in a single act but extends over time. It is crucial to know your landlord, their expectations, and to maintain a cordial and polite relationship throughout the contract. This facilitates problem resolution, such as repairs or changes in the tenant's plans.

Maintain a cordial and polite relationship with your landlord; it will help you resolve problems.

Knowing the law and your rights (and obligations) is fundamental, but in case of a dispute, turning to a judge or arbitrator is more costly than reaching an amicable agreement.

2. Know Your Rights

Before signing any contract, it is essential to know the applicable legal framework. Residential leases in Spain are governed by Law 29/1994, of Urban Leases (LAU). Avoid clauses in the contract that contradict the law. Even if they are null, they are signed, and to declare their nullity, you will need to go to court. Review the contract before signing and ensure it complies with the law.

Do not let the contract contain clauses contrary to the law.

3. Know Your Obligations

The tenant must pay the rent without exception. They cannot repair or replace things at the expense of the rent without the landlord's consent, nor stop paying rent due to lack of repairs (except in very exceptional cases).

Do not stop paying the rent and take care of the house as if it were your own property.

In addition to paying the rent, the tenant must maintain and care for the property, making repairs at their own expense. Do not assume that the property will function like a hotel, where the technical service takes care of everything at no cost. Some repairs will be the tenant's responsibility. There are also obligations not included in the contract, such as paying the garbage or sewer fee. If you do not want to pay these fees, specify it in the contract. Review all obligations before signing.

Avoid offering to pay six months or a year of rent in advance. Besides being contrary to Spanish law (Art. 17.2 LAU), it always leads to problems if the contract needs to be terminated early.

Furthermore, you should know that, once signed, you can only withdraw from the contract after six months. This period is mandatory and attempting to leave earlier may result in penalties or legal issues.

4. Who Should Sign the Contract?

A lease is a “transfer of use in exchange for rent”, so the landlord must have the right to use the property, such as the owner, usufructuary, or a tenant with sublease rights.

Ensure that the person signing can rent out the property.

Verify that the person signing can rent the property by requesting a simple registry note at the Property Registry (www.registradores.org). This allows you to know the registered owners and any encumbrances that may affect the lease. If an intermediary is signing, ensure they have the authority to do so by showing a power of attorney. If there are multiple tenants, each one is responsible for the total rent, and none can release themselves from the lease without an agreement with the landlord, even after six months.

5. Do Not Pay in Advance Without Signing a Document You Understand

It is common to pay a certain amount as a “reservation” or “deposit” for the apartment. However, if you change your mind, you may lose that amount. The nature of this payment is often unclear, and a simple receipt is not sufficient to understand the legal concept.

Generally, a “reservation” obliges you to rent: you cannot back out without losing the money.

Always insist on signing a document that explicitly states all conditions: to whom you pay, how much you pay, in what capacity, and what happens if someone backs out, and even what happens if the contract is signed (whether it applies to the rent payment, if it is the payment to the real estate agency, etc.). Ensure that you know what will happen to your money if you do not meet the required criteria in the landlord's opinion.

6. Who Pays the Real Estate Agency?

Even if you search for the apartment on your own, if a real estate agency answers your call, ask who will pay their fees and for what amount. Before the recent Spanish Housing Law, it was common for the tenant to pay the full fee of the real estate agent.

According to the new Spanish regulations, the landlord is responsible for paying the real estate agency fees.

Some agencies try to hide this cost under different names (contract formalization expenses, legal assistance, etc.). Ensure you understand the services they provide. Although they offer lease agreement models to expedite the process, most real estate professionals are not lawyers and do not provide legal advice. Ensure that all promises and conditions are written in the contract.

7. Check Everything Before Signing

Verify the condition and functionality of the property, review everything with the landlord, look for defects and elements that need repair. Before signing the contract, ask for these issues to be fixed, as it will be more complicated once signed. If the contract includes photos or annexes, review them and ensure everything matches reality.

Review both the house and the contract: leases do not allow returns.

Review the contract to ensure you understand everything. Include in the contract all conditions agreed upon regarding repairs, painting, furniture removal, etc.

8. Negotiate

Although it may seem otherwise, a lease is not a contract of adhesion. Lease agreements are more than just an agreement on the object, rent, and term. It is crucial to negotiate the terms to fit your needs. There are many issues that can be regulated differently within the bounds of the law.

Although it may seem otherwise, a lease is not a contract of adhesion.

9. Put Everything in Writing

Negotiate the contract and ensure that all agreements are put in writing. Verbal communication is fluid, but it is common to forget what was verbally agreed upon.

If everything is in writing, the parties have a clearer idea of their rights and obligations.

Each party should take home a clear copy of what was agreed. Apply this advice throughout the contract's duration.

10. Consult a Specialist

If you have any doubts, consult a lawyer specializing in leases before signing any document. Consulting a lawyer before renting for advice prevents problems and saves trouble.

For special contracts - such as commercial premises or leases with a purchase option - it is crucial to consult a lawyer. The freedom of agreements is greater, and an experienced lawyer can advise you in the negotiation and prepare a customized lease. Avoid using templates downloaded from the internet or contracts prepared by non-lawyers. Consulting a lawyer is the legal equivalent of a professional medical diagnosis rather than trusting an online self-diagnosis.

Prevention is better than cure; it is cheaper to get advice in advance than to have to resort to legal proceedings.

This guide will help you better manage your rights and obligations as a tenant in Spain, promoting a smoother and safer relationship with your landlord.