For homes, the law carries more weight than the contract
If you let a property as someone’s main home, Spain’s tenancy law, the Ley de Arrendamientos Urbanos (LAU), overrides what you have signed on many points. Its article 6 declares void any clause that worsens the tenant’s statutory rights, unless the law itself allows it. For commercial premises and other non-residential uses the opposite applies: what the parties agreed comes first. That is why a contract downloaded from the internet, or one passed on by an acquaintance, can be a serious risk. It was not written for your case, your situation or your interests.
Some rules that surprise people
- Length. A residential tenant can extend the contract up to five years, or seven if the landlord is a company. After that there may be tacit one-year extensions.
- Leaving early. After six months, the tenant can leave by giving 30 days’ notice. They only have to pay compensation if the contract provides for it, and at most one month’s rent for each year remaining, pro rata.
- Priority to buy. Unless it was waived in the contract, a residential tenant has a right of first refusal (derecho de tanteo, buying ahead of anyone else at the same price) and a right of redemption (derecho de retracto, taking over the home even after it has been sold to a third party).
- Deposit. The statutory deposit (fianza) is compulsory: one month’s rent for a home and two for other uses. In Andalusia it must be lodged with the competent regional body.
- Premises with a business. If goods or services have been sold to the public from the premises during the last five years, the tenant may be entitled to compensation when the contract ends, provided the legal requirements are met and it has not been excluded in the contract.
Seasonal lets and holiday lets are not the same
A seasonal let (alquiler de temporada) is for temporary stays with a specific reason, such as a work posting or a course. If it is used to disguise what is really the tenant’s main home, a judge can apply the rules for a main home, with its minimum term and its safeguards.
Holiday lets in Andalusia have their own rules, the Decreto 28/2016 on homes used for tourism, which requires prior entry in the Registro de Turismo de Andalucía and certain equipment. On top of that come the limits that town councils may set, the national registrations the platforms require and whatever your owners’ association (comunidad de propietarios) decides. These rules change often, so I review your case against the regulations in force.
When problems arise
During a tenancy, issues come up that need proper handling: paying the taxes, disagreements over rent and expenses, works and repairs. If the tenant stops paying, you can claim the debt and seek an eviction (desahucio). Before going to court, it is worth checking the preliminary requirements the law now imposes and the tenant’s circumstances, because they determine how and when you can act.
Estate agents give very good advice on prices, areas and finishes, but these legal questions are not their job. For your peace of mind, it is best to rely on a lawyer who knows the rules and your case. If you are going to sell a rented home, see also the buying and selling page. And if you have a specific question, you can raise it in an online consultation.
