When it comes to Spanish long term rental contracts and Spanish rental contract law, what is reflected in the standard tenancy agreement is very important for legal purposes and can mean the difference between a successful tenancy and a problematic business. The clauses, the duration and the inventory are some of the most important aspects to take into account when drafting a rental contract in Spain. As well as giving you all the details of how to get your free Spanish rental agreement template, we explain everything you need to know about Spanish rental contracts in 2023.
Contracts for the rental of a main residence differ in time and form from the rest. They are regulated by article 2 of the LAU (Spain's Urban Rental Law). This type of rental contract is intended for the rental of dwellings for permanent use, that is to say, properties in which the tenant (tenant) will live uninterruptedly and for a long period of time.
In 2023, according to the latest legislation in force, rental contracts for permanent housing have a duration of up to 5 years (or 7 years in the case of a legal entity), which can be extended for up to 3 more years if neither of the parties complies with the stipulated notice periods.
Specifically, a landlord must give the tenant at least 4 months' notice of his intention to terminate the contract. If it is the tenant who expresses his or her intention to leave, 2 months' notice must be given.
The minimum duration of these contracts is usually around one year, although they can be terminated earlier in some cases. Rental contracts of less than 12 months are considered seasonal rental agreements in Spain.
Take note that in 2023, there could be some changes regarding Spanish rental contracts given Spain's new housing law. These changes are not yet entirely certain and will depend on Spain's regional governments.
Rent to own lease agreements are double contracts, as you have to sign a rental contract and a purchase contract. Normally, the interested party pays a deposit to show their intention to buy the property within the period agreed with the owner. In the meantime, he/she will live in the property by paying monthly rental installments. From these monthly payments, part or all can be deducted for the purpose of the future sale and purchase.
The duration of the contract is identical to that of a regular housing contract: 5 years, which can be extended. If the tenant wishes to buy the property earlier, he/she can do so by paying the remaining amount stated in the contract.
As with all rental contracts, it must be stated who is responsible for the expenses of the property during the rental period, who pays for repairs, bills, etc.
When renting out properties in Spain, the rental contract must state whether the property comes with furniture and other equipment, such as electrical appliances, television, etc. It is advisable for the landlord to make an inventory of the property and its condition in order to guarantee the return of the deposit. It is highly recommended to take photographs of the property before handing over the keys to tenants in order to avoid possible future conflicts.
In the idealista free rental contract, this appears in the third clause. You will have to choose the option that suits the rental situation. Sometimes, the property can be rented with furniture and without electrical appliances or vice versa.
In order to draw up a rental contract between private individuals, the following points must be included:
What is the minimum rental contract in Spain? Rental contracts in Spain have a minimum duration of 5 years. As a tenant, you can leave after 6 months if you give 30 days' notice. Doing so, depending on the clauses of the contract, may involve paying compensation to the landlord for the unexpired term.
