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Spanish Rental Contract: Common Mistakes and Clauses to Review in 2026
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Spanish Rental Contract: Common Mistakes and Clauses to Review in 2026

Practical guide to essential clauses in a Spanish residential tenancy agreement: duration, deposit, rent updates (CPI), extensions, eviction and void clauses under the LAU and Law 12/2023.

rental contract SpainLAU Spanish tenancy lawrent update CPI Spaineviction SpainLaw 12/2023 housing

# Spanish Rental Contract: Essential Clauses 2026

Governed by LAU 1994 (as amended by Law 12/2023 on the Right to Housing). Key provisions:

  • Minimum duration: 5 years (7 years if landlord is a legal entity), mandatory for habitual residence
  • Rent update: new IRAV index (replacing CPI), capped at 3% in 2025
  • Deposit: 1 month mandatory, deposited with regional authority + up to 2 additional months guarantee
  • Void clauses: waiver of mandatory extension, prohibition of census registration, artificial short-term framing

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