Guide to renting a property in Spain
Landlords in Spain can be very tricky to deal with. Thus, our first word of advice is to tread lightly. Strongly asserting your demands usually causes landlords to dig in and be very “by the book.” If you are polite and respectful, you will likely enjoy freedoms beyond your substantial legal rights.
Deciding on a Short Term or Long-Term Rental in Spain
There is a big difference in tenant rights for short vs long term rentals. Short term rentals (anything less than a year) do not give tenants nearly as many rights as long term rentals. In fact, in the past landlords used to try and get tenants to sign eleven-month contracts to give themselves maximum protection. However, those days are over. Even if you have signed an eleven-month contract, the courts will consider that as a long-term contract if you have been living in the place daily, you have engaged Wi-Fi/telephone services, etc.
What to know aboutpaying Rental commission in Spain
The owner of the property is responsible for paying the rent commission. However, many unethical agents in Spain often try to get paid twice by telling renters they (renters) are also responsible for paying the rent commission. The Spanish Law states that an agent’s rent commission is the responsibility of the property owner. If an agent wants you to pay the rent commission for finding a property, DON’T DO IT! Call us instead, because at Bella Nova Realty renters pay no rental commission to find a property in Spain.
After the first year of Rental
Long-term rental contracts are typically for year. After that, landlords are legally compelled to renew the lease for annual periods for the next three years. The only exception to this is if the landlord wants the property to live in as their primary residence, or if a first degree relative needs to live in it due to separation, divorce or marriage annulment. This must be established in a court of law. In this case, the tenant must be compensated by the landlord.
Tenants, however, can choose not to renew their leases each year. This is one of tenants’ greatest powers. Moreover, they can choose to opt out of their contract after the first six months, provided they furnish the landlord with written notice thirty days in advance.
Getting a divorce during your Spain rental
If you get divorced, you are legally entitled to continue living in the apartment even if your ex was the person that signed the lease.
The Security Deposit you pay on a rental in Spain
One month for unfurnished places, two months for furnished. The deposit is payable in cash or via direct bank deposit and held in an escrow account. If you pay via cash, make sure you get a receipt.
Maintenance of your Rental in Spain
You have the right to live in a habitable space. The landlord is obligated, always, to maintain the property in a habitable condition.However, the tenant is responsible for repairing any damage they cause to the apartment. This includes regular wear and tear. If the tenant doesn’t make these repairs, the landlord can do so at the tenant’s expense.
Paying utility bills in Spain
This is where things can get a bit tricky. Often, the utility bills are in the landlord’s name. Legally they can be put in the tenant’s name, although the utility companies will often charge you to make the change. This, combined with the fact that companies like Iberdrola and Telefonica aren’t exactly known for providing positive customer service experiences, is the reason utility bills are often kept in the landlord’s name, and the monthly costs passed to the tenants.
Community fees and local taxes
These fees and taxes are typically paid by the Landlordhowever make sure to read your lease carefully. Sometimes it is written into the contract that the tenant is responsible for a portion of these fees. If that is the case, make sure to negotiate them before you sign.
You have the Right to Privacy
The landlord is not allowed to enter a tenant’s property without prior consent.
Not Paying Rent in Spain
If you do not pay rent for two months, the landlord has the right to begin formal eviction procedures. Typically, they will give you the chance to pay your arrears, or workout a payment plan, before taking legal action.
Right to buy the apartment
If the landlord wishes to sell the property, they must notify the tenant in writing of the intent to sale, the sale price and other key conditions. The tenant is first in line to buy the property at the stated price and can even “jump the queue” if the landlord has lined up other buyers. If the tenant wishes to exercise this right, they must do so, in writing, within thirty days of being notified that the landlord intends to sell.
You can sublet part of your apartment
If you wish to sublet a portion of your apartment, you may do so but you must obtain written permission from your landlord. Legally you can only sublet a portion of your apartment. Moreover, you legally cannot charge more for the sublet than you pay in rent for the entire property.
If you want to sublet your entire apartment, you must have the lease reassigned to the new tenant. Obviously, this requires the landlord’s approval.
A final caveat
Remember, there is often more flexibility in the Spanish system than is initially apparent. A number of expats in Spain have the saying, “rules are for people that they [Spaniards] don’t like.” This is often the case. If you are respectful to your landlord, and mindful of the fact that for years they were at the whims of tenants (and still are if the tenant doesn’t want to vacate the property for three years) and thus feel vulnerable, your rights will likely be extended beyond those listed above.
