Letting your property in Spain: landlord obligations

Choose the right kind of contract

Spanish law distinguishes three things you may mean by “letting”:

• A residential lease under the LAU (article 2), including a lease of a single room, which is treated as a residential lease. This is the case for a tenant who lives there.
• A temporary-housing lease (article 9 bis), only for a real, documented reason for the tenant’s temporary displacement, lasting more than 31 days and normally no more than 12 months. If the reason is not written in the contract, or the stay exceeds 12 months without justification, the contract is treated as an ordinary residential lease with the 5/7-year rules.
• A tourist let, excluded from the LAU (article 5.e) and governed by regional tourism rules; see tourist rental registration.

For tax, the reduction available to a resident landlord and the rules for a non-resident one are in the guides on rental income tax for residents and renting out as a non-resident.

Money obligations

Deposit. You must require a cash deposit of one month’s rent (article 36.1). Where your region requires it, you file it with the regional body, with deadlines that vary; the guide on the rental deposit has the regional table.

Advance rent. You may never demand more than one month of rent in advance (article 17.2). Payment is by electronic means; cash must be accepted only if the other party has no bank account or electronic access and asks for it, and then at the property (article 17.3).

Receipts. You must hand the tenant a receipt for payments, separating each item and the rent in force, unless the payment method proves the tenant paid (article 17.4). If you do not, you bear the tenant’s costs of proving payment.

Fees and taxes. Agency and contract-formalisation costs cannot be passed to the tenant (article 20.2), and taxes linked to the home cannot be imposed on the tenant unless the tenant is the taxpayer (article 20.1); see agency fees.

Rent updates. Only on each anniversary and only if the contract says so; see rent increases in Spain.

Property obligations

Conservation. Under article 21.1 you must carry out repairs needed to keep the home habitable for the agreed use, without raising the rent, unless the damage is the tenant’s fault. The tenant pays for small repairs from ordinary wear (article 21.4). Since 8 October 2026, if the tenant serves a written request with a reasonable quote for repairs affecting habitability, safety or health, you have 15 calendar days to accept the quote, propose an alternative or do the work; otherwise the tenant can have it done and deduct the cost from future rent (article 21.5).

End-of-lease document. Both parties must sign a document recording the state of the home at the end; if there is none, or it notes no damage, the law presumes the home was returned in proper condition (article 36.7).

Energy certificate. Under the energy certification royal decree (RD 390/2021, article 17), for an existing building let out, a copy of the energy efficiency label is annexed to the lease and the tenant receives the “recommendations for use” document. Any advertisement for sale or rent must include the energy rating (article 17.3). The certificate itself has a maximum validity of 10 years, 5 for class G (article 13.1).

Habitability papers (regional). There is no single national rule:

• Catalonia. The official procedure page says the second-occupation habitability certificate (cèdula d’habitabilitat) is needed for “Selling, renting or handing over the use of a house” and for connecting utilities. It is valid 15 years and the fee is €20.45 per home, with a 30% reduction when done online.
• Valencian Community. The regional housing law (Ley 8/2004, article 17) requires, for a letting, that the home has an occupation licence or, where applicable, a habitability certificate, and the landlord supplies the documents (article 18). Its transitional provision says the habitability certificate applies until municipalities set up the occupation licence.
• Other regions. Not read for this guide; ask the regional housing department or the town hall.

Advertising. RDL 29/2026, article 20 (in force since 8 October 2026, subject to validation by the Cortes), requires that any rental advertisement includes, at least, the reference index in a stressed area, the applicable rent limit where one applies, the unit’s identifying number where relevant, and the landlord’s status as a large holder where relevant. See stressed housing market areas.

Ending or recovering the home

An individual landlord may recover the home before five years only if the contract stated, when signed, the possible need to occupy it as a permanent home for themselves, a first-degree relative or an ex-spouse under a court judgment, after the first year and with two months’ written notice (article 9.3). After the compulsory period, the extension rules of article 10 apply, and a new regime from 15 November 2026 (6 months’ notice, 5-year periods and compensation) is set by RDL 28/2026, also subject to validation by the Congress. The details are in tenant rights and lease terms.

If you sell the home, the tenant has a right of first refusal for 30 calendar days after a formal notice stating price and conditions, and the buyer takes over the lease (articles 14 and 25).

Insurance and guarantees

You may agree an additional guarantee, up to two months of rent for ordinary leases and one month for temporary ones, but you cannot require the tenant to take rent-default insurance (article 36.5).

Community of owners

If the property is in a building under the horizontal property law, the provision read on tourist-use letting (not ordinary residential leases) says it needs the community’s prior express approval since 3 April 2025; see tourist rentals and the community of owners.

Which professional to consult

A lawyer registered with a Spanish bar association (colegio de abogados) can draft or review the contract. An energy certificate is issued by a qualified technician; a licensed agent can handle tenant search for you (see real estate agents), but the fee falls on you, not on the tenant. A tax adviser or the tax agency answers questions on declaring the income.