What to check before signing a rental contract

A residential tenancy contract in Spain is fairly well protected by the Urban Leases Act (LAU), but the details matter and they get signed in five minutes. These are the points worth reading twice.

The deposit and the guarantees

For a primary residence, the legal deposit is one month in cash. In addition, further guarantees can be agreed (a deposit or a bank guarantee), with a legal cap of two extra months in contracts of up to five years. Always ask for a receipt for whatever you hand over.

The term

Even if the contract says one year, as a tenant of a primary residence you have the right to extend it up to five years (seven if the landlord is a company). After that period, if nobody gives notice within the times the law sets, it rolls over year by year for up to three more.

Leaving early

You can withdraw from the contract once six months have passed, giving at least thirty days notice. If the contract expressly says so, compensation of up to one month rent may apply for each year left to run (pro rata for shorter periods).

The inventory and the state of the property

If the flat is furnished, insist on a signed inventory with photos. It is the document that will decide, a few years from now, whether you get the whole deposit back or argue over a chair. Without an inventory, make one yourself: dated photos on the day you get the keys, sent to the landlord.

Who pays what

• Estate agency fees fall to the landlord when it is the landlord who engages the agency — that is what the current housing law establishes.
• Utilities: normally the tenant; check whether account holders need changing.
• Building fees and property tax: by default the landlord, unless expressly agreed in the contract — if they are passed on to you, it must be in writing with a clear amount.

This guide is general information, not legal advice. If a clause looks doubtful or a dispute arises, consult a professional or a public housing or consumer office.