Landlord & Tenant Rights in Spain (LAU): 2026 Guide

Renting out a property in Spain — or living in one as a tenant — comes with a clear set of rights and duties under the Ley de Arrendamientos Urbanos (LAU). Knowing who is responsible for repairs, how much the rent can rise, what happens when the property is sold, and how the deposit must be returned will save both landlords and tenants a great deal of money and stress.

At Platinum Legal Spain, our English-speaking property lawyers advise both landlords and tenants across the Costa Blanca, Costa Cálida and Almería. This guide sets out landlord and tenant rights in Spain in 2026 for long-term residential tenancies — in plain English.

The tenant’s core rights

For a habitual-home tenancy, the LAU gives the tenant strong protection:

• Security of tenure — the right to stay up to 5 years (7 if the landlord is a company) through automatic annual renewals, regardless of the term written in the contract.
• Controlled rent increases — rent can only rise by the index in the contract, now the IRAV reference index for residential lets from 2025, with extra caps in declared stressed areas.
• Quiet enjoyment — the landlord cannot enter without permission, change the locks, or cut off utilities. Doing so is unlawful and can be a criminal matter (coacciones).
• Return of the deposit — the fianza must be returned within 30 days of handing back the keys, less only lawful deductions.
• First refusal on a sale — in many cases a statutory pre-emption right (tanteo y retracto) to buy the property if the landlord sells.

The tenant’s core duties

• Pay the rent on time and in full.
• Use the property as a home and look after it.
• Carry out minor / day-to-day repairs arising from ordinary use.
• Allow access for necessary works.
• Not sublet or assign without the landlord’s written consent.
• Return the property in good condition, fair wear and tear excepted.

The landlord’s core rights

• Receive the agreed rent and lawful annual increases.
• Require a deposit and (within limits) an additional guarantee.
• Recover the property at the end of the protected term, or earlier for own/family use if the contract allows.
• Terminate for serious breach — above all, non-payment of rent — through the courts.
• Be indemnified for damage beyond normal wear and tear.

The landlord’s core duties

• Hand over the property fit to live in, with a valid energy performance certificate.
• Carry out all structural and major repairs needed to keep it habitable (roof, plumbing, electrics, heating) at their own cost — unless the damage was the tenant’s fault.
• Lodge the fianza with the regional housing authority.
• Respect the tenant’s security of tenure and privacy.
• Declare and pay tax on the rental income (see our rental income tax guide).

Who pays for repairs?

This is the most frequent flashpoint. The general rule under the LAU:

• The landlord pays for repairs necessary to keep the home habitable — the big, structural items.
• The tenant pays for small repairs caused by everyday wear (a worn tap washer, a blown bulb, minor maintenance).
• Damage caused by the tenant is the tenant’s responsibility, whatever the size.

A clear inventory and condition report at check-in makes these arguments far easier to resolve. We recommend one on every tenancy.

What happens if the property is sold?

A common worry for tenants — and an important point for buyers. If a rented property is sold:

• A registered tenancy generally binds the new owner, who must respect the remaining protected term.
• The tenant may have a pre-emption right (tanteo y retracto) to match the sale and buy the property, unless validly waived.
• Buyers should always check, during due diligence, whether a property is tenanted and on what terms — an existing tenant can significantly affect what you can do with the property.

Vulnerable tenants and the Housing Law

The 2023 Housing Law strengthened protections for tenants at risk of social exclusion, particularly in eviction proceedings, where courts may pause the process while social services are consulted, and added rent controls in stressed areas. These rules mainly affect large holders (owners of many properties) but every landlord should be aware of them before starting recovery action.

When rights are breached: your options

If a tenant stops paying or breaches the contract, the landlord’s lawful remedy is a court process, not self-help. If a landlord withholds the deposit, refuses repairs, or tries to force a tenant out unlawfully, the tenant can claim through the courts too. Either way, independent legal advice early is far cheaper than a drawn-out dispute — see our overview of property disputes in Spain.

Protecting against non-payment

The single biggest risk for a landlord is a tenant who stops paying. The law lets you build in protection at the start:

• An additional guarantee of up to two months’ rent (a bank aval or extra deposit).
• Rental default insurance (seguro de impago), which pays the rent and often funds an eviction if the tenant defaults — valuable for owners who live abroad.
• A guarantor jointly liable for the rent.

If a tenant does stop paying, the lawful remedy is the courts — see our guide to evicting a tenant in Spain. Self-help (changing locks, cutting services) is illegal.

Subletting and assignment

A tenant cannot sublet the property, or part of it, or assign the contract, without the landlord’s written consent. Unauthorised subletting — including unlicensed short-term holiday letting of a long-term home — is a breach that can justify ending the tenancy. If you are happy for the tenant to sublet, set out the terms in writing.

Insurance: who needs what

• The landlord typically insures the building and their liability as owner.
• The tenant insures their own contents and their liability for damage they cause.
• Many landlords add rental default and legal-expenses cover for peace of mind.

Where the property is in a community, the community’s policy usually covers the common parts, but not the inside of your flat.

If your rights are breached: the practical steps

Whether you are a landlord facing non-payment or a tenant facing unfair treatment, the route is similar:

1. Send a formal demand, usually by burofax, setting out the breach and what you require — this creates evidence.
2. Try to resolve it directly or through conciliation where appropriate.
3. Go to court if it cannot be resolved — for a landlord, typically an eviction and arrears claim; for a tenant, a claim for the deposit, repairs or damages.

Acting early, with proper evidence, almost always produces a faster and cheaper outcome. See property disputes in Spain.

Frequently Asked Questions

Who pays for repairs in a Spanish rental?

The landlord pays for structural and major repairs needed to keep the home habitable; the tenant pays for small day-to-day repairs from ordinary use, and for any damage they cause.

Can a landlord increase the rent during the contract in Spain?

Only by the index written into the contract — from 2025 the IRAV reference index for residential rents — and not above any cap that applies in a declared stressed area. With no index clause, the rent cannot be raised.

Can a landlord enter the property without permission?

No. The tenant has a right to quiet enjoyment. The landlord cannot enter without consent, change the locks, or cut services; doing so is unlawful and may be criminal.

What happens to my tenancy if the landlord sells the property?

A registered tenancy generally binds the new owner for the remaining protected term, and the tenant may have a pre-emption right to buy the property on the same terms unless it was validly waived.

How long does the landlord have to return the deposit?

Within 30 days of the keys being returned, less any lawful deductions for unpaid rent or damage beyond fair wear and tear. Late return can accrue interest.

Can a tenant be evicted for not paying rent?

Yes, but only through the courts (a desahucio for non-payment). The landlord cannot evict by force, change the locks or cut utilities.

Can a tenant sublet a property in Spain?

Not without the landlord’s written consent. Unauthorised subletting — including unlicensed holiday letting of a long-term home — is a breach of contract that can justify ending the tenancy.

Who insures a rented property in Spain?

The landlord usually insures the building and owner’s liability; the tenant insures their contents and liability for damage they cause. Many landlords also take rental default and legal-expenses cover.

Can a landlord refuse to renew after five years?

Yes. At the 5-year (or 7-year for company landlords) ceiling the landlord can decline renewal, provided the correct notice — at least four months — is given. Miss the notice and the contract can roll on under tacit renewal.

What can a tenant do if the landlord won’t make repairs?

The tenant should demand the repairs formally (by burofax); if the landlord still fails to act on repairs needed to keep the home habitable, the tenant can seek a court order and compensation, and in some cases carry out urgent repairs and recover the cost.