Guidelines for Renting in Spain
Whether you are thinking of renting a short-term apartment or villa in Spain for a holiday or sohrt break, or renting an apartment or villa long-term in spain as a living arrangement, we have provided a short guideline to renting an apartment in Spain.
The legal basis forrenting and letting in Spain is provided in the new Law of Urban Lettings (Ley de Arrendamientos Urbanos) of 1994. These are applied to all rental contracts beginning on or after January 1, 2005. The rental agreement is the legally binding document and any agreements in this document are shall govern the tenancy and secondsly the Law of Urban Lettings.
The Rental Contract may be contracted up before a notary and registered with the Spanish Property Registry. The period of the contract will be decided by both parties (the landlord and the tenant(s)) and can be for a short-term period or long-term period. A short-term contract is usually used when renting a holiday apartment or renting a holiday villa in Spain and is up to 1 year. A long-term contract is normally over 1 year in duration.
As is normal in Northern Europe, the tenant needs to pay the landlord a deposit equal to one months rent. This is to ensure that the apartment is returned in the same condition as when it was first rented. If any damage has been sustained, the landlord is entitled to pay for the repairs or replacements from the deposit paid by the tenant.
The rent is usually paid in monthly installments and in no case can the landlord ask for more than one months rent in advance. It is also the right of the tenant, and normal practice, to receive a written receipt for any payments made ot the landlord.
The landlord is required to pay for any damage to the house which is not caused by the tenants. If the tenant damages the house in any way, they are required to pay for the repairs themselves. This is as you would expect in any country.
The above guidelines are just a short and general guide to what you can expect when renting a house, villa or apartment in Spain, be it on the Costa del Sol, Costa Blance, Costa Brava, Costa de la Luz, Costa Calida etc. For a full explanation of your rights as a tenant please read the Law of Urban Lettings as provided by Spanish Law.
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