Tenant Rights

The Urban Leasing Act (LAU)

The LAU (Law 29/1994, amended by RDL 7/2019) governs residential rentals in Spain. Everything your landlord can or cannot do is defined here.

Minimum Contract Duration

• If the landlord is a natural person: minimum 5 years.
• If the landlord is a legal entity (company, investment fund): minimum 7 years.
• After the initial term, if neither party gives notice (4 months for the landlord, 2 months for the tenant), the contract automatically extends for 3 more years.

The Deposit

• The legal deposit is 1 month's rent for a primary residence.
• The landlord must deposit it with the regional housing authority.
• They have 1 month after the contract ends to return it. After that, legal interest accrues.
• They can only withhold it for damage beyond normal wear and tear.

Rent Updates

• Rent can only be updated on the contract anniversary date.
• Since 2024, updates are tied to the rental reference index published by the INE (not the general CPI).

Repairs: Who Pays What

• Essential repairs (plumbing, heating, structure): paid by the landlord, unless caused by the tenant.
• Improvements: the landlord can make them but must give 3 months' notice.
• Minor repairs from normal use: paid by the tenant.

Express Eviction

An accelerated court procedure allowing the landlord to recover the property for unpaid rent.

• You have 10 business days to pay in full (enervation: available once only), contest the claim, or do nothing.
• Vulnerable tenants can request a suspension while social services provide alternative housing.

Notice to Leave

• After the first 6 months, you can leave with 30 days' written notice.
• Leaving before 6 months may trigger compensation of 1 month's rent per remaining year (if agreed in the contract).