After you find an apartment in Madrid, you must sign a lease. This guide explains what you must check in a Spanish rental contract before you sign, step by step.
Understand the contract type
You must verify the type of rental contract the landlord offers. There are two main types of contracts in Spain.
A long-term contract is called a contrato de arrendamiento de vivienda. This contract falls under the Spanish Urban Leasing Law (LAU). The LAU protects tenants and gives you the right to renew the lease every year.
A short-term contract is called a contrato de arrendamiento de temporada. This contract is for temporary stays like tourism or business trips. It does not fall under the LAU protections. Scammers sometimes use these contracts to bypass your legal rights.
Key clauses to verify
Review the entire document before you sign. Pay close attention to these key terms.
Required clause checklist
- Duración del contrato (duration) : Long-term leases must allow you to renew the contract for up to five years. If the landlord is a company, the limit is seven years.
- Desistimiento (early termination) : You have the legal right to leave after six months. You must give a 30-day notice.
- Fianza (security deposit) : The deposit is one month of rent for unfurnished flats and two months for furnished flats. Ensure the contract states this deposit is sent to IVIMA.
- Gastos (expenses) : The contract must state who pays for utilities (gastos de suministros), community fees (gastos de comunidad), and property tax (IBI). The landlord should pay for community fees and IBI.
- Honorarios de agencia (agency fees) : The landlord must pay the real estate agency fees. Agencies cannot charge the tenant for this service.
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Illegal clauses to watch out for
Landlords often include illegal clauses in rental contracts. These clauses are void even if you sign the contract.
Landlord entering the property
The contract cannot allow the landlord to enter the apartment without your permission. By Spanish law, your rented home is inviolable (inviolabilidad del domicilio).
The landlord must request your permission before visiting. You have the right to refuse.
Repairs and maintenance
The landlord is responsible for all repairs needed to keep the apartment habitable. This includes plumbing, heating, and structural repairs.
You only pay for minor repairs caused by wear and tear. Minor repairs cost less than €150. A clause making the tenant pay for all repairs is illegal.
Excessive early termination penalties
The landlord cannot charge excessive penalties if you leave after six months. The maximum legal penalty is one month of rent per unused year of the lease.
This penalty must be written in the contract. If it is not written, you do not pay any penalty.
What to do before signing
Take these steps to protect yourself before you sign the lease agreement.
Do an inventory inspection
Most furnished apartments include an inventario (inventory list). This list describes the furniture and appliances.
Check every item on this list during your final viewing. Ensure they are in the apartment and work correctly.
Take photos
Take high-quality photos of every room on your move-in day. Document any existing damage, scratches, or mould.
Send these photos to the landlord by email. This creates a dated record of the apartment’s condition.
Verify the landlord’s ownership
Ensure the person renting the apartment actually owns it. Ask for the landlord’s Documento Nacional de Identidad (DNI).
Request a nota simple (property registry extract) from the official property registry. The name must match the DNI.
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Questions and answers
Can the landlord increase the rent every year?
Yes, but within legal limits. The rent increase must be linked to the consumer price index (IPC). The government often caps this increase. Check the maximum legal rate before agreeing.
What happens if the landlord sells the property?
Your lease remains valid. The new owner must respect your contract. They cannot evict you until your five-year lease period ends.
Who pays for a broken washing machine?
The landlord. The landlord must replace or repair major appliances. However, you must pay if the damage was caused by your misuse.
Can the landlord evict me if they need the flat?
Only under specific conditions. The landlord can end the lease after one year if they need the flat for themselves. This condition must be written in the contract.
Is a verbal rental contract legal in Spain?
Yes, but it is risky. Verbal contracts are legally binding. However, it is very difficult to prove the terms you agreed upon. Always request a written contract.
