The Spanish rental contract explained
The contrato de arrendamiento is the rental contract that governs your tenancy in Spain. Most of its core terms are set by the Ley de Arrendamientos Urbanos (LAU), as consolidated in the BOE (version in force since 8 October 2026), so even a short written contract gives you stronger protections than it might appear. Several rules below were amended by Real Decreto-ley 29/2026, a decree-law that still has to be validated by parliament: check its status before signing. This is general information, not legal advice.
Minimum duration
A housing lease gives the tenant the right to stay for a minimum of five years, or seven if the landlord is a legal entity, with annual extensions up to that limit even when the written term is shorter (LAU art. 9). An individual landlord can recover the home earlier for own use or a close relative only if the contract expressly said so, and only after the first year (art. 9.3). The extension after that minimum is in LAU art. 10, rewritten by Real Decreto-ley 29/2026: if neither party gives notice of non-renewal (at least four months before for the landlord, two months for the tenant), the contract is extended by annual terms of up to three more years, unless the tenant tells the landlord one month before the end of a year that they will not renew. This comes from Real Decreto-ley 29/2026, a decree-law that still has to be validated by parliament: check its status before signing.
Rent increases and leaving early
The annual rent update applies only if the contract provides for it, and the increase cannot exceed the variation of the IRAV (Índice de Referencia de Arrendamientos de Vivienda) (LAU art. 18.1, as amended by Real Decreto-ley 29/2026). This comes from Real Decreto-ley 29/2026, a decree-law that still has to be validated by parliament: check its status before signing.
After at least six months the tenant can leave by giving the landlord 30 days' notice; in a temporary lease, after one month with 10 days' notice. The tenant's withdrawal does not give the landlord a right to compensation (LAU art. 11, as amended by Real Decreto-ley 29/2026). Official text (art. 11.3): «3. En los dos apartados anteriores el desistimiento del arrendatario así ejercido no generará derecho de indemnización en favor del arrendador.» This comes from Real Decreto-ley 29/2026, a decree-law that still has to be validated by parliament: check its status before signing.
Clauses to check before signing
- Deposit. For a housing lease, the mandatory cash deposit (fianza) is one month's rent (LAU art. 36.1). The parties may agree an additional guarantee; for a lease of up to five years (seven if the landlord is a legal entity) it cannot exceed two months' rent (art. 36.5).
- Who pays the agency. Management and contract-formalization costs cannot be passed on to the tenant: Article 20.2 of the LAU in the version in force since 8 October 2026 (it was Article 20.1 under Ley 12/2023).
- Taxes and expenses. Taxes tied to the dwelling (such as the IBI property tax) cannot be imposed on the tenant (LAU art. 20.1, as amended by Real Decreto-ley 29/2026). This comes from Real Decreto-ley 29/2026, a decree-law that still has to be validated by parliament: check its status before signing.
- Unpaid-rent insurance. Since 8 October 2026, a landlord cannot require you to take out unpaid-rent insurance (LAU art. 36.5, as amended by Real Decreto-ley 29/2026). They can insure themselves at their own cost. This rule comes from a decree-law that still has to be validated by parliament: check its status before signing.
- Contract type. If the contract is temporary, the cause must be written in it: see seasonal rental contracts in Barcelona.
- Duration and renewal wording, the inventory of furnishings, and the rest of the expenses.
Read before you sign
A clause cannot strip away what the law sets for housing leases. See the full picture in our tenant rights guide.
Related
- Renting in Barcelona: your legal rights as a tenant
- Documents you need to rent an apartment in Spain
Sources: LAU consolidated in the BOE and Real Decreto-ley 29/2026. General information, not legal advice.