Guide to Renting a Property in Spain: Legal Tips for Expats & Tenants

Renting Property in Spain: What You Need to Know

Whether you’re relocating to Spain, staying long-term, or looking for a second home, renting is often the first step. Spanish rental law protects both tenants and landlords, but contracts, deposits, and local rules vary—especially between long-term and holiday rentals.

At Borderless Lawyers, we help expats, digital nomads, and investors navigate Spain’s rental landscape with confidence and legal security.


🏠 Types of Rental Agreements in Spain

📆 Long-Term Rentals (Arrendamiento de Vivienda)

  • Standard residential leases

  • Minimum duration: 5 years (if landlord is a company) or 1 year renewable (if individual)

  • Rent increases regulated by CPI index (unless otherwise agreed)

🏖️ Short-Term / Holiday Rentals (Alquiler de Temporada)

  • Duration less than 12 months

  • Requires registration as a tourist rental (VUT) in many regions

  • Subject to local tourism laws

📝 Important: Always verify the landlord’s right to rent and whether the property is legally registered.


🧾 Rental Contract Essentials

A valid rental agreement in Spain must include:

  • 🧑 Names and ID of tenant and landlord

  • 🏡 Full property address and description

  • 💶 Rent amount, payment method, and due date

  • 📅 Duration and renewal terms

  • 💰 Deposit conditions

  • 🛠️ Responsibility for repairs and maintenance

📌 Rental contracts can be written in English and Spanish, but the Spanish version prevails in case of dispute.


💰 Deposit & Guarantee Rules

  • Standard deposit: 1 month’s rent (mandatory by law)

  • Additional guarantee: Up to 2 more months may be required

  • Deposit must be registered with the Autonomous Region’s housing department

📍 Madrid, Barcelona, and Andalusia all require deposit registration.


🧑‍⚖️ Tenant Rights in Spain

🛡️ Right ⚖️ Protection
Right to privacy Landlord must give notice before visits
Contract renewal Right to extend up to 5 years
Fair eviction process Landlord must obtain court order
Rent receipts Must be provided if requested
Maintenance Major repairs covered by landlord

🚫 Scams to avoid: Unlicensed agents, missing contracts, or landlords asking for full payment upfront without showing property.


🧭 Tips for Expats and Foreign Tenants

  • ✅ Always view the property in person (or via verified virtual tour)

  • ✅ Confirm the landlord’s ownership with the Land Registry

  • ✅ Request a cédula de habitabilidad (occupancy certificate)

  • ✅ Check if utility bills are included or separate

  • ✅ Hire a bilingual real estate lawyer for contract review

💬 Bonus Tip: You may need a NIE (foreigner tax number) to sign contracts and set up utilities.

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