In Spain, accommodations are rented in the condition you visit them.

There is no obligation for the owner to do even minor repairs/refurbish the housing between five periods of tenancies. All the works you would like to be done must be discussed and approved before the lease signature and listed in the lease.

The deposit is held by the owner/property manager and will be used after the lease termination in case of damages noted during the rental period, after comparison between the move-in and move-out inspections.

Most accommodations are empty. Furnished properties are generally small or medium size and are generally located downtown.

When needed, it is now possible to rent furniture.

Empty properties: most apartments are unfurnished, kitchen are equipped with electric appliances and furnished with cabinets.

Furnished properties: all furniture (beds, tables, chairs, lamps, etc.), dishes, cutlery, electric appliances should be included. Towels and bed linen are, however, not always included. 

• Lease conditions.

Rental agreements are exclusively written in Spanish, there is no legal English version available. It can be in the name of a company or in the name of an individual:

Lease in the name of an individual: the Royal Decree Law 7/2019, of March the 1st,  which always regulates the leases is very protective for the tenant; only specific terms defined by this law apply and particular clauses cannot go against the law.

However, we have to remain very vigilant about the specific conditions part of the lease added by the landlord/agent. (i.e. obligation to hire a gardener to maintain the garden in good condition)

The renting application must be completed and submitted to the owner/real estate company right after the visits. The agreement/refusal will be given within some days/one week. No rental can be 100% secured before the lease is signed by both parts or  you have made a reservation payment.

At the lease signature, the tenant will have to pay for:

• The security deposit.
• The real estate agency fees if.
• Additional guarantees.
• The first rent (or prorate) in case the lease starts right away.

Security deposit:

• One month rent security deposit is charged (by law) for an empty property. It can be more in the case of furnished apartments or when the lease is in the name of the transferee company.
• Few landlord/agencies accept an advance rent payment and do not require any deposit.
• For a furnished property, the deposit required will be from 1 to 3 months according to the standard of the furniture and the terms of the contract.

Agency fees (in case of a letting agent):

• Agency fees usually correspond to one month’s rent, charges (+ 21%VAT) It can be superior in certain cities like Barcelona.
• The agency fees are generally paid by the tenant.
• No fees if using a private landlord but costs related to writing of the lease may apply.
• A bank guarantee (from 2 months to 6 months of rent) may also be required by the landlords. This consist of a deposit or an aval, to cover possible unpaid rents. In case of the aval, the amount is deposited in an account frozen for the whole period. The bank issues a document that is delivered to the owner and in case of an unpaid rent, the owner can claim to the Bank the outstanding payment. If payments are duly made, the owner returns the document at the end of the renting period.

Duration & termination clause

You will usually sign a lease for a period of one year but automatically renewable each year up to a total of 5 years.

The first year of the lease is usually obligatory for the tenant, but after a year the tenant may leave whenever he wishes by giving a two months notice in writing to the owner of the property. The lease agreement termination must be done by registered letter with acknowledgement of receipt.

Not until the end of the 5 year period does the landlord have the right to choose not to renew the lease, except if he wants to live himself (or a member of his family) in the property. In this last case, the notice period for the landlord will be of 4 months.

By law the tenant must give 30 days notice if he is to leave the property and if he does so before the end of the first year, he has to pay the rent up to completing one year.

Steps Relocation will always try to negotiate that your lease includes a Diplomatic Clause. This clause reduces the mandatory 12 month period to 6 months, enabling you to terminate the lease (for professional reasons) after only 6 month’s rental, paying a minimum penalty.

• Lack of payment of one month or any other pending quantities.
• Lack of payment of the bond.
• If the apartment is not destinated to the established use.
• Non observance of the contract obligations.
• Damages caused on purpose or works performed without the written agreement of the landlord.
• When there are unhealthy, dangerous, illegal or annoying activities in the apartment.
• The lanlord’s need to occupy the apartment for himself or any first degree relative, or adoption or in case of his/her divorce according to Law. (after the 1st year and with 4 months warning).
• If the tenant did not perform the works agreed with the owner (if any).

House insurance

In Spain, it is not mandatory to hire a home insurance policy. However, we recommend both the landlord and the tenant to insured for the property. The tenant should insure civil liability and personal belongings and the landlord should insure the apartment (continent).

A Comprehensive Householders Policy generally covers:

• Tenant liability : for any damage you may cause to the apartment/house, the building and the owner’s furniture.
• Personal and family liability : for any physical or material damage you may cause to a third party inside or outside the lodging.
• Damage caused by fire and the rescue services, explosions, acts of violence or terrorism.
• Water damage (leaks, flooding…).
• Theft, vandalism or deterioration of the lodging.
• Glass (windows, mirrors, glass doors).
• Optional : legal aid insurance (defense, claims), assistance services.
• Damage to electrical fittings in the lodging.
• Weather damage caused by storms, hail, frost or floods.

NB: The theft of valuables (jewels, silver, etc.) may be included under certain conditions

List of additional expenses charged to renters

• Tax on garbage – annual tax paid by the landlord and reimbursed by the tenant (at prorata temporis).
• Heating maintenance (about 150 € to 300€ /year) compulsory for gas/oil boiler.
• Subscription fees and personal consumptions for : water/gas/electricity/internet/phone/TV.
• Garden/swimming pool maintenance if applicable).
• Housing hazards insurance – The annual fees depend on the location, size, number of rooms in the accommodation and on the amount of your belongings (average is 150 to 350€ per year).

Under the Royal Decree Law 7/2019,  there are legal requirements for the landlord and the tenant regarding the property and lease conditions.

Tenant obligations:

• Pay the rent in advance within the first five days of the month.
• To use the apartment as his place to live. If somebody else apart from family will live there, he has to tell the landord in writing.
• Communicating the landlord any incidences in the apartment within 24 h.
• To behave according to LAW.
• To let the workers or administrators in in case of works in the building.
• To behave according to the rules of the building.
• To fix the small repairs consequence of the normal use, as well as the damages produced for a bad use.

Tenant will not perform any works in the house without the written permission from the landlord. In case of landlord giving permission, the local council taxes, permissions etc… will be on the tenant. It is forbidden to alterate the facade or any common areas

Landlord obligations:

• Give the bond back at the end of the lease and after all facilities are checked and in good use and utilities have been payed.
• Communicate the tenant the increase of rent yearly according to the official consumer price index.
• To repair the structure things that don’t work and not due to a bad use.
• To pay the community expenses and the taxes of the apartment.