Discover the rights of the tenant of a property

17 de March de 2023
derechos arrendatario

Did you know that every first Monday of October is celebrated as World Renters’ Day? In Spain, almost 25% of the population is currently renting.

Despite being a country of homeowners, it is important to promote fair and accessible renting for everyone, as well as to defend the rights of those who do not have a home of their own.

Rights of the tenant of a dwelling

The Urban Leases Law (LAU) determines the rights of tenants in our country.

  • Agree on the cost of the rent and the duration of the contract

As long as this is done prior to signing the contract, it is considered completely legal to negotiate a discount on the rental installment.

Likewise, the Law establishes that, although the rental contract is signed for a period of one year, it may be terminated after six months. This is provided that the landlord is notified of the decision at least thirty days in advance.

In addition, the lease may be extended annually for three years, unless the owner, his or her first degree relatives by blood or spouse need the property to live permanently.

  • Agreeing on the rental price in exchange for improvements to the home

As long as they do not affect the safety or stability of the building, all types of improvement works can be carried out and thus negotiate with the owner a deduction of the monthly payments.

However, such an agreement must be in writing. Otherwise, the landlord has the right to terminate the contract immediately.

  • Recover the bond if there is no damage

Once the contract is terminated, you are fully entitled to recover the deposit deposited at the beginning. As long as there is no damage to the property and no outstanding payments.

The owner must comply with this duty within thirty days after the return of the keys.

  • Preferential acquisition of housing

In the event that the owner decides to sell the property while it is leased, the tenant will have preference to acquire it before any other person, unless otherwise agreed.

You must receive a notice from the homeowner within thirty days to allow sufficient time to make a decision.

  • Report the owner if he enters the house without permission.

Even if it is your property, the landlord can only enter the dwelling in two cases:

a) If you have the tenant’s authorization.
b) If you have a judicial authorization.

Otherwise, and in accordance with Article 18.2 of the Constitution, the tenant has the right to file a complaint for violation of the domicile.

rights of the tenant

Are you planning to rent an apartment in Barcelona or Madrid in the short term? Discover all our available properties here.

Do not hesitate to contact one of our agents so that they can advise you and find the property that best suits your preferences.

Request Information
Abrir chat