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For a habitual-residence rental in Spain, the rules on repairs, deposits, agency fees and notice depend on the kind of rental, the contract date and, for some renewal periods, whether the landlord is an individual or a company. The key practical point: giving notice to leave early is not the same as declining renewal at the end of a term.
First, check what kind of rental you have
The rules below are a Spain-wide overview of leases for a vivienda habitual—a home rented as the tenant’s permanent residence—under the Urban Leases Act (Ley de Arrendamientos Urbanos, or LAU). A seasonal rental, room-only arrangement, commercial lease or other use may be governed differently, and the label in an advert or contract does not by itself settle how an arrangement should be classified.
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Check the signed contract’s date and the landlord’s identity before relying on a notice period or renewal rule. Spain’s consolidated LAU text was updated on 2 October 2026, after changes published on 30 September were followed by resolutions leaving specified changes without effect. Older summaries may not reflect the current text. The BOE notes that its consolidated version is informative and that the official legal publication should be consulted for legal authority: Ley 29/1994, consolidated text.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallHow much notice do I need to give my landlord in Spain?
There is no single notice period for every situation. Identify whether you are leaving before the agreed term ends, declining renewal at the initial expiry, or ending a later extension. The periods below describe the current LAU framework for qualifying habitual-residence leases; your contract date and any applicable transitional rules can affect which version applies.
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| Situation | Notice period under the current LAU framework | What it means |
|---|---|---|
| Leaving before the term ends | At least 30 days, after the lease has run for at least six months | The tenant may withdraw after six months. Compensation may be payable only if agreed in the contract and within the statutory terms. |
| Declining renewal at the initial expiry or an annual extension before the minimum term is reached | At least 30 days | Where the agreed term is shorter than the statutory minimum, annual extensions generally continue until that minimum unless the tenant gives the required notice not to renew. |
| Declining renewal at the relevant expiry after the minimum term | At least four months for the landlord; at least two months for the tenant | These periods apply at the expiry stage covered by the Act’s further-renewal rules. |
| Declining a subsequent annual extension | At least one month for the tenant | The Act provides this period for a tenant who does not want a later annual extension to continue. |
Leaving early
Early withdrawal is available once the lease has lasted at least six months, with at least 30 days’ notice. It is separate from simply choosing not to renew on an expiry date. A contractual compensation clause does not automatically mean any amount can be charged: the LAU permits compensation only where it has been agreed and within statutory terms.
Declining renewal before the minimum term
For a qualifying lease with an agreed term shorter than five years—or shorter than seven years where the landlord is a legal entity—the LAU generally provides annual extensions until the applicable minimum is reached. A tenant who does not want an extension must give the relevant statutory notice; for the initial expiry or an annual extension before that minimum, the current framework specifies at least 30 days.
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Declining renewal after the minimum term
At the expiry stage after the minimum term, the Act sets different deadlines: at least four months for a landlord and two months for a tenant. If the lease has moved into a subsequent annual extension, a tenant who wants that extension to end must give at least one month’s notice. Do not substitute the early-exit 30-day period for these renewal deadlines.
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- Read the signed contract to establish its date, stated duration and whether it is for habitual residence.
- Confirm whether the landlord is an individual or a legal entity, since that affects the minimum term in the framework described above.
- Mark the exact expiry or extension date, then identify which row in the table applies.
- Give notice in a form and manner that lets you show when it was received, and keep a copy of the notice and delivery record.
How much is the rental deposit in Spain?
For a dwelling, the statutory cash fianza is one month’s rent. The LAU’s article 36.1 says: “A la celebración del contrato será obligatoria la exigencia y prestación de fianza en metálico en cantidad equivalente a una mensualidad de renta en el arrendamiento de viviendas y de dos en el arrendamiento para uso distinto del de vivienda.” A lease for use other than housing has a statutory cash fianza of two months’ rent. See the BOE’s consolidated LAU.
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Do not treat every move-in payment as the fianza. The statutory cash deposit is distinct from any additional guarantee, rent paid in advance, agency charges or other contract costs. The LAU allows additional guarantees for qualifying residential leases, subject to statutory limits; whether a particular limit applies depends on the lease and its circumstances. The Ministry of Consumer Affairs has also identified excessive fianza demands among rental-contract practices it considers unlawful or abusive.
Can my landlord keep my deposit?
The fianza is not an automatic forfeiture just because a tenancy ends. Establish the amount to be returned after the tenancy’s final accounting, and keep records of the home’s condition, key handover and any amount the parties dispute. Under the LAU, if the balance due back has not been returned within one month after the keys are handed back, it accrues legal interest. This one-month clock runs from key handover, not merely from the date you tell the landlord you are leaving.
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Regional administration of fianza lodgement is not set out in the national guidance cited here. Check the rules and process of the autonomous community where the property is located.
What tenant rights apply to repairs and habitability?
Repairs the landlord must arrange
The landlord must carry out repairs necessary to keep the dwelling habitable for the agreed use, except where the deterioration is attributable to the tenant. Notify the landlord as soon as possible and allow the condition to be checked. Keep a dated record of the problem and the notice so there is a clear account of what was reported and when.
Small repairs from ordinary use
The tenant is responsible for small repairs caused by ordinary wear and use. That rule is different from the landlord’s duty to carry out repairs needed to preserve habitability; the cause and scale of the problem matter.
When repair work takes away part of the home
If necessary repair works last more than 20 days and deprive the tenant of part of the dwelling, the rent must be reduced in proportion to the part of the home that cannot be used.
Who pays agency fees and other rental costs in Spain?
Agency management and contract formalization
For habitual-residence leases, the Ministry of Consumer Affairs says rental-agency management and contract-formalization costs must be borne by the landlord. Its 22 May 2026 notice says agencies “no pueden trasladar estos costes a las personas inquilinas bajo ningún concepto o denominación”—they cannot pass those costs to tenants under any concept or label. Renaming a management or formalization charge does not, according to the ministry, make it a tenant cost. See the Ministry’s notice on rental-contract clauses.
Building expenses, taxes and other charges
Not every expense associated with a building automatically falls to the landlord. The LAU allows the parties to agree that the tenant pays certain non-individualized building expenses, taxes, charges and responsibilities, subject to statutory requirements. Read the contract to see whether such a charge is expressly agreed and what it covers.
What to check before signing or giving notice
- Whether the property is being rented as your habitual residence or under a different kind of arrangement.
- The contract date, stated term and the landlord’s legal identity.
- Whether a payment is the one-month statutory cash fianza, an additional guarantee, rent in advance or a separate fee.
- The exact expiry date and whether your notice is for early withdrawal or non-renewal.
- Any agreed allocation of non-individualized building expenses, taxes or charges.
- How you will document repair requests, notice delivery, the home’s condition and key handover.
If a fee, deduction, notice clause or rental classification is disputed, the answer can turn on the exact contract and facts. The LAU and the Ministry guidance provide the national framework, but they do not determine the outcome of an individual dispute.
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