What Is a Rental Contract in Spain?
A rental contract (contrato de arrendamiento) is a legally binding agreement between a landlord (arrendador) and tenant (arrendatario) for the use of a residential or commercial property in Spain.
It must follow urban leasing laws (Ley de Arrendamientos Urbanos – LAU) and the Spanish Civil Code.
📝 Rental contracts can be verbal, but written contracts are strongly recommended for legal certainty.
🧾 Key Elements of a Valid Rental Contract
Every rental agreement in Spain should include:
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🏡 Property description (address, size, use)
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👤 Landlord and tenant identification (including NIE/NIF)
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📅 Contract start and end date
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💶 Monthly rent amount and payment method
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💰 Security deposit (minimum 1 month)
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🔧 Responsibility for utilities and maintenance
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🚪 Entry, renewal, and termination terms
📌 Rental contracts should be in Spanish (official language), but a bilingual version can be added for clarity.
📅 Duration of Rental Contracts in Spain
🏘️ Residential Leases
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Minimum: 5 years (or 7 years if the landlord is a company)
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After that, renewable annually unless either party terminates
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Tenant can leave after 6 months with 30 days’ notice
🏢 Commercial Leases
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Duration is freely agreed upon
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No legal minimum or maximum
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Termination rules must be explicitly included
💰 Rental Price and Deposit Rules
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Rent is freely negotiable
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Rent reviews usually allowed annually based on IPC (consumer price index)
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Mandatory deposit:
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1 month for residential
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2 months for commercial
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Additional guarantees (e.g., bank guarantee) may be requested
🏦 The deposit must be lodged with the local housing authority in most regions (e.g., IVIMA in Madrid, INCASÒL in Catalonia).
⚖️ Tenant and Landlord Rights in Spain
👨💼 Tenant Rights
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Right to live undisturbed during contract
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Right to repairs and safe living conditions
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Option to renew lease for legally allowed term
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Right to early termination after 6 months (with notice)
🏠 Landlord Rights
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Right to receive rent on time
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Right to reclaim property under certain personal/family needs
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Right to compensation for damage or early termination
❌ Contract Termination & Eviction
A rental contract in Spain may end due to:
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Expiry of agreed term
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Mutual agreement
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Early termination by tenant (with proper notice)
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Non-payment or breach by tenant
🧑⚖️ Eviction Process
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Starts with formal notice
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Followed by court filing if tenant does not vacate
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Judicial eviction usually takes several months
⚠️ Landlords cannot forcibly evict without a court order — it’s illegal.
🔍 Registering the Rental Contract
Although not mandatory, you can register the rental contract with the Land Registry (Registro de la Propiedad) for additional legal protection—especially if you are the tenant in long-term contracts.
👩⚖️ Legal Support for Rental Contracts in Spain
At Borderless Lawyers, we help:
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✅ Draft and review bilingual rental contracts
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✅ Conduct due diligence on property ownership
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✅ Secure rental deposits legally
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✅ Represent landlords and tenants in disputes
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✅ Navigate regional rental regulations (Barcelona, Madrid, Valencia, etc.)
🏡 Whether you’re an expat, investor, or local, we ensure your rental agreements comply with Spanish law.
🛡️ Example Scenario
Case: An Australian couple signed a rental agreement in Barcelona. The landlord tried to evict them early. We defended their rights under LAU and prevented unlawful termination.
🚀 Rent Safely with Confidence in Spain
Before signing a lease or renting out your property, make sure your rental contract is legally sound and fair. Contact Borderless Lawyers to protect your rights and secure your tenancy.