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)
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Standard residential leases
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Minimum duration: 5 years (if landlord is a company) or 1 year renewable (if individual)
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Rent increases regulated by CPI index (unless otherwise agreed)
🏖️ Short-Term / Holiday Rentals (Alquiler de Temporada)
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Duration less than 12 months
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Requires registration as a tourist rental (VUT) in many regions
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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:
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🧑 Names and ID of tenant and landlord
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🏡 Full property address and description
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💶 Rent amount, payment method, and due date
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📅 Duration and renewal terms
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💰 Deposit conditions
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🛠️ 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
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Standard deposit: 1 month’s rent (mandatory by law)
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Additional guarantee: Up to 2 more months may be required
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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
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✅ Always view the property in person (or via verified virtual tour)
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✅ Confirm the landlord’s ownership with the Land Registry
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✅ Request a cédula de habitabilidad (occupancy certificate)
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✅ Check if utility bills are included or separate
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✅ 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.