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Rental Contract in Spain

Rental Contract in Spain

Updated on Monday 18th April 2016

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A rental contract ("Contrato de Arrendamiento") is the document you have to sign when you rent a property. In a contract of this type one party (the agent or the landlord) allows the property to be used for a determined period of time, agreeing with the other party (the tenant) on a price. In case you need assistance with a rental contract or other related matters, please get in touch with our lawyers in Spain.

Details of a rental contract in Spain

 
There are a few details that a contract like this must include, such as the following:
  • name and address of the tenant;
  • name and address of the landlord;
  • the amount of money for the renting;
  • frequency of the rent's payment;
  • a list of the items that the rental contract includes (furniture, appliances etc);
  • starting date;
  • the specification of who is going to pay the bills (community charge, electricity etc);
  • length of time that has been agreed on.
It can also contain information about the deposit paid by the tenant to the agent or the owner and the rental contract can be made short-term ("contrato de arrendamiento de temporada) or long-term (arriendo de vivienda - usually exceeding one year).
 
A tenancy agreement in Spain is valid regardless of it being verbal or written. The tenant has the right to renew the contract annually for a three years period of time if it is a long-term type of agreement. However, if the landlord wants to occupy the estate after one year, a two months' notice has to be given to the tenant. The owner is also allowed to increase the rent in case some of renovation of the place. For further information on contracts and other legal issues concerning renting, feel free to seek counsel from our attorneys in Spain.
 
If the renter wants to leave suddenly (after signing the agreement), they have to pay for the remaining time stipulated in the contract.  They could also write an escape clause at the beginning of the contract . Usually, a contract is made for a year, but rental periods can be of six months as well. 

Conditions for a rental contract in Spain

When wanting to rent a property in Spain, one typically has to provide a few information, namely:
 
- passport or ID;
- proof of employment or other possibility to pay the rent;
- personal references;
- Tax Identification Number (NIE), in case you have a job.
 
To conclude, Spanish law is on the tenant's side as it is quite difficult to evict him/her, even when they do not pay the rent anymore. This is because rent must remain unpaid for a substantially long period of time before the tenant can be evicted by the landlord. Recently, the period was reduced to six weeks, but the procedures can still last for longer than that. Landlords can even be charged with trespassing if they try to enter the property they own without the tenant's permission.
 
If you are in need of guidance through a rental agreement's aspects, or you find yourself in a contract litigation, do not hesitate to contact our law firm in Spain.
 

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