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For a habitual-residence rental in Spain, the key rules depend on what kind of tenancy you have, when the contract was signed and whether you are leaving early or ending the tenancy at an expiry date. The statutory cash deposit (fianza) is one month’s rent for a dwelling; notice is not one-size-fits-all; and landlords generally have to make repairs needed to keep the home habitable. This guide reflects the consolidated Urban Leases Act (LAU) available on 4 October 2026. Seasonal, room-only, commercial and other rentals may be governed differently or need to be classified first.
First, check what kind of rental you have
The LAU rules below concern leases for a tenant’s habitual residence—a permanent home. A seasonal rental, room-only agreement, commercial lease or another arrangement may not receive the same treatment. Do not rely on a contract’s label alone if the arrangement is unclear; the applicable rules can depend on the type and circumstances of the rental.
The date of the signed contract matters too. The BOE’s consolidated LAU page says its latest update was published on 2 October 2026: changes published on 30 September were followed by resolutions on 2 October leaving specified changes without effect. Transitional rules can affect which version applies. Check the current consolidated LAU text against your contract date; the BOE notes that the official legal publication is the authoritative source.
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How much notice do I need to give my landlord in Spain?
Start by identifying whether you are leaving before the agreed term ends or declining renewal at an expiry date. The statutory periods differ:
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| Situation | Notice period under the LAU | What to check |
|---|---|---|
| You want to leave before the agreed term ends | After at least six months of the tenancy, the tenant may withdraw with at least 30 days’ notice. | Compensation may be payable only if the contract provides for it under the statutory terms. |
| You do not want to continue at the end of the initial term before the mandatory minimum is reached | For a qualifying habitual-residence lease, annual extensions generally apply if the agreed term is shorter than five years, or shorter than seven years when the landlord is a legal entity. The tenant can prevent renewal by giving the statutory notice. | Check the contract date, landlord identity and applicable statutory version. Do not substitute the early-exit 30-day rule for the non-renewal rule. |
| You are deciding about expiry after the mandatory minimum term | At the relevant expiry stage, the landlord must give at least four months’ notice and the tenant at least two months’ notice. | These are different deadlines for each party, not a shared notice period. |
| You do not want to continue at the end of a subsequent annual extension | The LAU provides a one-month notice rule for the tenant. | Confirm which extension and expiry date your contract is at. |
These are separate situations, not variations of a general “30 days’ notice” rule. The LAU’s term, extension and withdrawal provisions should be checked against the signed contract and the landlord’s legal status.
How much is the rental deposit in Spain?
For a dwelling, the required statutory cash fianza is one month’s rent. The LAU states that it is two months’ rent for a lease for use other than housing. That statutory deposit is not the same thing as an additional guarantee, rent paid in advance, an agency fee or another contract charge. The LAU allows additional guarantees for qualifying residential leases, subject to statutory limits; do not assume every sum requested at move-in is part of the fianza.
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The Ministry of Consumer Affairs has flagged excessive deposits among recurring unlawful or abusive rental-contract practices. Check what each requested payment is for and how it is described in the agreement. See the LAU, article 36, and the Ministry’s guidance on clauses detected in rental contracts.
Can my landlord keep my deposit?
The LAU provides for return of the balance due after the tenancy ends. If that balance has not been returned within one month after the keys are handed back, it accrues legal interest under the statute. Keep a record of the key handover date and ask for a written explanation of any amount withheld; those details help establish what balance is being disputed and when the return period began.
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Regional administration of the fianza may involve local procedures. The national guidance cited here does not establish a single lodgement process for every region, so check the relevant autonomous community’s instructions.
Who pays agency fees in Spain?
For habitual-residence leases, the Ministry of Consumer Affairs says rental agencies cannot shift management or contract-formalization costs to tenants under another name or label; the landlord must bear those costs. Its notice of 22 May 2026 identifies these charges among recurring unlawful or abusive clauses. This guidance concerns habitual-residence leases, not every kind of rental arrangement.
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Other expenses are a separate question. The LAU allows parties to agree that certain non-individualized building expenses, taxes, charges and responsibilities are paid by the tenant, subject to statutory requirements. Check the wording of the contract rather than assuming all such expenses always fall on one party. See the Ministry’s consumer notice and the LAU.
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Who is responsible for repairs?
The landlord generally has to carry out repairs necessary to preserve the home’s habitability for the agreed use, unless the deterioration is attributable to the tenant. The tenant must notify the landlord as soon as possible and allow the condition to be checked. Small repairs arising from ordinary wear and use are the tenant’s responsibility.
If necessary repair works last more than 20 days and deprive the tenant of part of the dwelling, the rent must be reduced in proportion to the part of the home that cannot be used. These obligations are set out in the LAU.
Quick Recap
What to check before acting
- Identify whether the home is rented as your habitual residence or under another type of arrangement.
- Locate the signed contract date and check whether the landlord is an individual or a legal entity.
- For notice, write down the event that applies—early withdrawal, initial expiry or a later extension—and calculate the deadline from that situation.
- Separate the statutory cash fianza from additional guarantees, advance rent and fees in your records.
- Keep written notices, repair reports and proof of when the keys were returned.
- For an individual dispute over a contract clause, fee or deposit deduction, get advice based on the contract and applicable regional procedures.
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