Renting an Apartment in Spain 2026: Legal Rights under Ley de Vivienda
Navigating the rental market in Spain requires understanding tenant protections under Spain’s Housing Law (Ley de Vivienda 12/2023).
Key Tenant Rights & Rules
- Real Estate Agency Fees: Landlords are strictly prohibited from charging agency commission fees to tenants for long-term residential leases (*vivienda habitual*). Fees are paid 100% by the property owner.
- Mandatory Deposit (Fianza): Legally limited to 1 month’s rent for primary residences. Any extra bank guarantees or cash deposits are capped at a maximum of 2 additional months (3 months total).
- Lease Duration: Tenants have the legal right to renew long-term leases for up to 5 years (7 years if renting from a corporate landlord).
Key 2026 Takeaways
## Renting an Apartment in Spain in 2026: Tenant Rights & Deposit Rules **Expert answer:** Spanish residential rentals are primarily governed by the **Ley de Arrendamientos Urbanos (LAU)**, as amended by the **2023 Housing Law (Ley de Vivienda)**. A standard *vivienda habitual* contract generally gives tenants a minimum period of **five years when the landlord is an individual, or seven years when the landlord is a company**, followed by statutory annual extensions—unless a legally recognised exception applies. ### Key takeaways – **Deposit (*fianza*):** One month’s rent for an unfurnished home and two months for a furnished or non-residential lease. The landlord must lodge the statutory deposit with the relevant regional authority where required. – **Additional security:** Extra guarantees may be requested, but for ordinary residential leases they are generally limited to **two additional months’ rent**. Confirm the total requested in writing. – **Agency fees:** In a habitual-residence lease, the **landlord—not the tenant—must pay real-estate agency and contract-formalisation fees**. – **Rent increases:** Annual updates must follow the legally permitted index or limit applicable at the time. In designated **stressed residential-market areas**, additional rent-control rules may apply. – **Seasonal contracts:** An 11-month or “temporary” contract is not automatically seasonal. Its genuine temporary purpose should be documented; otherwise, it may be treated as a habitual-residence tenancy. – **Repairs:** The landlord normally handles necessary structural and habitability repairs; the tenant covers minor maintenance caused by ordinary use and damage attributable to the tenant. – **Deposit return:** After the tenancy ends and the keys are returned, the landlord generally has **one month** to return the deposit. Statutory interest may accrue on unjustified delays. – **Before signing:** Check the landlord’s ownership or authority, obtain a written contract and inventory, photograph the property, verify utility arrangements, and keep proof of every payment. – **Disputes:** Send claims in writing first, then contact the relevant regional housing or consumer authority, tenant association, or a Spanish lawyer. Eviction procedures should never be ignored. *Rules can vary by autonomous community and may change through new measures. This is general information, not legal advice; obtain local advice for a specific contract.*