Property Law In Spain -
A Guide For Landlords & Tenants
The following subjects are covered and the information is provided purely as a guide only and we strongly recommend that you take qualified legal advice before entering into any short or long term tenancy agreement.
Urban Leases Act of 1994
Short Or Long Term Contracts?
Registering A Contract - (see below)
Inventory & Breakage Deposit
Community Fees & Property Tax
Registering A Contract
Under property law in Spain, regardless of whether you wish to let your property on a short term or long term basis, it is advisable to have a letting contract drawn up by a qualified lawyer. If possible you should have your contract written in both English and Spanish. However if you decide not to have your contract written in Spanish it will still be covered by the property law in Spain and be recognized in a Spanish court in the event of a dispute provided you have it translated.
It is also worth considering having your contract registered with the Spanish housing department.
By doing so you are ensuring that you have the full protection of the property law in the event of a disagreement. Many property owners choose not to register their contracts, for example if they intend not to declare their rental income with the local tax office. Despite this the rental contract is still considered a valid legal document.
Rentals Without Contracts
As a landlord you are not obliged under the property law in Spain to have a rental contract drawn up. As a tenant, if you rent a property without a contract for whatever period of time, you are still within your rights to take legal proceedings in the event of an unresolved dispute, provided you can provide documentary evidence for payment of your rent.
This can be in the form of payment receipts, a rent book or bank statements showing cheque or bank transfer transactions. In this instance a court will recognise this type of documentation as evidence of an implicit contract.