Before signing a rental agreement in Spain, check what kind of tenancy it really is, who has authority to rent the property, the full contract and costs, and the rules for renewal and leaving early. Document the dwelling’s condition and confirm the law that applies on the contract date: national rental rules changed and were repealed within days in October 2026.
1. Confirm what kind of rental you are signing
Ask whether the agreement is for a habitual residence, a room, or a genuinely temporary stay. The stated purpose should match your actual arrangement; a listing headline or a label such as “seasonal” does not settle which rules apply. Room and temporary agreements may raise questions that depend on the location and specific facts, so do not assume that every rule for a habitual-dwelling lease applies to them.
2. Verify the landlord, property and complete contract
- Confirm the identity of the landlord or the representative’s authority to act for them.
- Check that the contract identifies the exact dwelling and lists anything included, such as a storage space, parking, appliances or furnishings.
- Read the complete contract, including attachments and any inventory, before signing or transferring money. Ask for a signed written copy. Under Spain’s Ley de Arrendamientos Urbanos (LAU), either party can require the agreement to be formalized in writing; it should identify the parties and property and state the agreed duration, initial rent and other agreed clauses.
- Keep the signed agreement and proof of every payment.
3. Calculate the monthly and upfront cost
Do not compare leases on rent alone. Ask for every recurring charge to be named separately, including shared expenses, taxes, utilities and any other amount, and establish how each is calculated and evidenced.
- Rent: confirm the amount, due date and payment method.
- Shared expenses and charges: the LAU permits the parties to assign general expenses that are not individually metered to the renter by written agreement specifying their annual amount.
- Utilities: individually metered services are for the renter.
- Agency and contract-formalization costs: under the current LAU text, these are the landlord’s responsibility.
- Upfront amounts: separate the statutory deposit from any additional guarantee and other payments, and require receipts.
If the property is in a declared stressed residential market zone, ask whether the statutory starting-rent limits apply. Depending on the location, landlord status, property characteristics and rental history, a limit may be based on the prior rent for a habitual dwelling, and a rent-index ceiling for a large holder may also apply. You cannot determine the applicable limit from the listing alone; the address and relevant contract facts are needed.
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4. Understand the term, renewal and early-exit rules
Minimum extensions for covered dwelling leases
The parties agree the lease term. For a dwelling lease covered by the LAU, if the agreed term is shorter than five years—or shorter than seven years when the landlord is a legal entity—the tenant generally has annual mandatory extensions until that minimum is reached, unless the tenant gives at least 30 days’ notice of non-renewal. Statutory exceptions exist. For example, a natural-person landlord may be able to recover the dwelling for a stated need after the first year if the contract includes the required clause.
Leaving before the agreed end date
A tenant may generally withdraw after at least six months by giving at least 30 days’ notice. Compensation for leaving early is due only if the contract includes the permitted agreement. The statutory measure is one month’s rent for each remaining year, adjusted proportionally for a shorter remaining period. Check the contract’s notice, renewal, move-out and key-return provisions before agreeing to them.
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5. Check the deposit and additional guarantees
For a dwelling lease, the LAU requires a cash deposit equal to one month’s rent. The parties may agree additional guarantees; for qualifying dwelling contracts of up to five years, or up to seven years when the landlord is a legal entity, those additional guarantees are capped at two months’ rent. The cap on additional guarantees is separate from the statutory deposit.
- Make sure the contract states the amount and purpose of each payment separately.
- Keep proof of payment and check the deposit-lodgement procedure for the relevant autonomous community.
- After the keys are delivered, any deposit balance not returned within one month accrues legal interest.
6. Record the dwelling’s condition and unresolved repairs
Visit the property before committing if possible. Check for damp or leaks; test windows, doors, locks, hot water, heating or cooling, plumbing, electrical outlets and appliances; and assess noise. Record existing marks, damage, meter readings and the number of keys in dated photographs or a signed condition schedule before taking possession. Do not sign an inventory saying the dwelling is in good condition if it is not.
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The LAU generally makes the landlord responsible for repairs needed to keep the dwelling habitable, except for deterioration attributable to the tenant. Small repairs caused by ordinary wear are the tenant’s responsibility. Report needed repairs promptly and in writing. If the landlord promises to fix an issue, record what will be done and when in the contract or an attached schedule.
7. Account for the October 2026 law changes
The date of this guidance is 4 October 2026, and the law changed unusually quickly at the start of the month. Real Decreto-ley 26/2026 was published on 30 September, took effect on 1 October and was repealed by Congress on 2 October; the BOE’s consolidated LAU marks its lease-provision changes as left without effect. Real Decreto-ley 27/2026 also amended renewal provisions and is marked derogated by the Congress resolution published on 2 October. Do not treat the short-lived decrees’ fee, deposit, repair or renewal changes as current law on 4 October 2026.
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Check the consolidated LAU text that applies to the date your contract was made. Earlier contracts may have different transitional treatment, so the current text alone may not resolve every date-specific question. The official statutory source is the BOE’s Ley 29/1994, including articles 9 and 20, and the relevant BOE records for the October decrees and Congress resolution.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A practical comparison when choosing between two leases
For each property, write down the same items so you can compare the actual commitments rather than just the advertised rent.
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- Total monthly cost, including rent and each recurring charge.
- Cash due before move-in, separating deposit, additional guarantees and other payments.
- Agreed term, applicable renewal rights and any landlord-need wording.
- Notice period and any permitted early-exit compensation.
- Who pays utilities and shared expenses, and who handles repairs.
- Documented starting condition, promised fixes and any location-specific rent limit that may apply.
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