Housing & Utilities

Before You Sign a Rental Contract

Check the contract, the landlord and the costs before you sign a Spanish rental agreement.

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Quick answer

Before signing a long-term rental in Spain, check the landlord owns the flat, the contract type (habitual home or seasonal), the length and notice terms, the deposit (one month’s rent, plus at most two months of extra guarantee) and who pays which bills. Agency fees on long-term homes are paid by the landlord. Ask for the energy certificate and an inventory, and never pay before you’ve seen the flat.

This checklist covers

Long-term versus seasonal contracts

Length, notice and renewals

Deposits, guarantees and fees

Rent increases and capped areas

Clauses to question before signing

The checklist

Tick it off, one step at a time.

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{ 01 }See the flat firstIn person or on a live video call. Never pay to reserve a flat you haven’t seen.
{ 02 }Check who owns itAsk for a nota simple from the Land Registry or proof the agent can act for the owner.
{ 03 }Know the contract typeA habitual home contract has strong legal protection; a seasonal one doesn’t.
{ 04 }Check the length and noticeLong-term homes run up to 5 years (7 if the landlord is a company). You can usually leave after 6 months with 30 days’ notice.
{ 05 }Check the deposit and guaranteesThe legal deposit is one month’s rent. Extra guarantees can’t exceed two months.
{ 06 }Refuse agency feesOn long-term homes the landlord pays the agent, not you.
{ 07 }Check how rent can riseAnnual increases are tied to an official index. Some areas, such as much of Catalonia, cap rents.
{ 08 }Clarify bills and repairsWho pays community fees, IBI, water and repairs. Get it in writing.
{ 09 }Ask for the documentsEnergy certificate, and in Catalonia the cédula de habitabilidad.
{ 10 }Do an inventory with photosAttach it to the contract, signed by both sides.

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The full guide

Long-term or seasonal?

This is the most important question. Spain’s Urban Leases Act (LAU) treats two kinds of contract very differently.

Habitual home (vivienda habitual)Seasonal (temporada)
PurposeYour permanent homeA temporary stay for work, study or similar
LengthUp to 5 years (7 with a company landlord), renewing yearly at your optionAs agreed, usually months
ProtectionStrong, set by lawMostly what the contract says
PadrónFinePossible, but check the contract

Some landlords use seasonal contracts for what is really a permanent home to avoid the rules. If you’re moving to Spain for good, ask for a habitual home contract. Since July 2025, seasonal and holiday lets must carry a registration number from the national rental register.

Money: what you should and shouldn’t pay

ItemRule for long-term homes
Deposit (fianza)One month’s rent, returned at the end
Extra guaranteeUp to two more months, by agreement
Agency feesPaid by the landlord since 2023
First month’s rentNormal, on signing
Reservation feeOnly after viewing, with a written receipt

Pay by bank transfer, never in cash, and keep every receipt. In most regions the landlord must lodge your deposit with a regional housing body.

Rent increases

Rent can only be updated once a year, in line with the index the contract names, within the legal limits. In areas declared zonas tensionadas, such as many towns in Catalonia, rents on new contracts are also capped. Ask the agent whether the flat is in a capped area.

Clauses to question

Leaving early. You can usually leave after six months with 30 days’ notice. Some contracts ask for one month’s rent for each year left; check the wording.

All repairs on the tenant. The landlord must keep the home habitable. You cover small repairs from everyday use.

No padrón. You have the right to register at your home. A landlord refusing to allow it is a warning sign.

Paperwork to ask for

The energy performance certificate is compulsory. In Catalonia, a cédula de habitabilidad is needed to connect utilities. Ask for the CUPS numbers for electricity and gas so you can set up utilities quickly.

Frequently asked questions

Can a landlord ask for six months upfront?

For a long-term home, the deposit and extra guarantee are capped at three months in total. Paying rent in advance is a separate agreement; be careful, and never do it before viewing.

What happens at the end?

See getting your deposit back.

Official sources

Urban Leases Act (BOE)

Confirm on the official source

Rules change. Check each step against the official government page before you act.

Source: Spanish Urban Leases Act (LAU)

Last checked: 30 October 2026

This checklist is general information, not legal advice. Every situation is different, so confirm the details with the official source or a qualified professional.

Who is this checklist for?

Made for where you are now. If one of these sounds like you, this checklist is a good place to start.

{ 01 }

First-time renters in Spain

{ 02 }

Families signing a long lease

{ 03 }

Remote workers comparing short lets

{ 04 }

Anyone asked for big upfront payments

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