Tenant rights in Spain in 2026: what the LAU and the Housing Law say, point by point

The two laws you need to know

The rights of tenants renting their main home in Spain are set out mainly in Law 29/1994 on Urban Tenancies (Ley 29/1994, de Arrendamientos Urbanos, LAU), whose consolidated text is kept by the BOE. The law has been amended several times; the latest major change came with Law 12/2023 on the right to housing (Ley 12/2023, por el derecho a la vivienda), published in the BOE on 25 May 2023 and in force from the following day.

The general rule is that many of these rights are mandatory: even if the contract says otherwise, a clause that leaves the tenant worse off than the law provides is not binding on them. That is why it pays to know them before signing, and also during the contract.

Minimum term: five or seven years

Article 9 of the LAU allows the length of the contract to be freely agreed, but if it is shorter than five years, or seven when the owner is a legal entity such as a company, the contract is compulsorily extended year by year until that minimum is reached. Only the tenant can end that extension, by giving at least 30 days' notice before the end of each year of the contract.

There is an exception for owners who are individuals: they can recover the home once the first year has passed if they need it as a permanent residence for themselves, for first-degree relatives or for their spouse in the event of divorce. To do so, this possibility must be expressly stated in the contract and they must give at least two months' notice. If within three months of the tenant leaving they do not occupy the home for that purpose, the tenant can choose between returning for a new period of up to five years or receiving compensation of one month's rent for each year that remained, except in cases of force majeure.

Extensions: tacit and extraordinary

Once the five or seven years have passed, article 10 provides for a tacit extension year by year up to a maximum of three more years, unless the owner gives four months' notice that they do not wish to renew or the tenant gives two months' notice.

Law 12/2023 added two extraordinary extensions. If, when the contract ends, the tenant proves a situation of social and economic vulnerability with a report from social services, and the owner is a large landlord (gran tenedor), they can request an extraordinary extension of one year, which the owner must accept unless a new contract has been signed. In addition, in areas declared stressed residential markets (zonas tensionadas), the tenant can request annual extensions of up to three years on the same terms, with exceptions such as the owner needing the home or a new contract being signed.

Stressed areas depend on each autonomous community (region) applying for them. According to Ministry of Housing data reported by Brains Real Estate in June 2026, there were 304 municipalities declared in four regions: Catalonia with 271, Navarre with 21, the Basque Country with 20 and Galicia with 2. In July 2026 the BOE published new second-quarter declarations adding areas of Asturias, such as Llanes, Cabrales or neighbourhoods of Gijón and Avilés, as well as Santiago de Compostela and Basauri, valid for three years.

If you want to leave early: terminating the contract

Article 11 of the LAU allows the tenant to terminate the contract once six months have passed, giving at least 30 days' notice. The contract may provide for compensation in that case equal to one month of the current rent for each year remaining; periods of less than a year give rise to a proportional amount.

The annual rent increase and the IRAV index

Under article 18 of the LAU, rent can only be updated once a year, on the anniversary of the contract, and only if this has been expressly agreed. If the contract says nothing, there is no update. The owner must notify the increase in writing, stating the percentage, and the new rent is payable from the following month.

During 2023 and 2024 there were extraordinary caps: 2% in 2023 and 3% in 2024, the latter set in the sixth final provision of Law 12/2023. To replace those limits, the law instructed the INE (National Statistics Institute) to create a stable reference index. The result is the Índice de Referencia para la Actualización Anual de los Contratos de Arrendamiento de Vivienda (IRAV, Reference Index for the Annual Update of Residential Tenancy Contracts), which has applied since 1 January 2025.

The IRAV takes the lowest of the annual change in headline CPI (IPC), the change in core CPI and an adjusted average rate. According to Osborne Clarke's analysis, it acts as a cap for residential contracts signed after 25 May 2023; earlier contracts continue to be updated using the index they agreed, usually the CPI. The INE publishes a new value every month, alongside the CPI.

Reference month	IRAV	Source
November 2024 (first value, for January 2025)	2.20%	Osborne Clarke based on INE data
January 2026	2.14%	Raisin based on INE data
February 2026	2.16%	Raisin based on INE data
May 2026	2.48%	Raisin based on INE data
June 2026	2.44%	Raisin based on INE data
July 2026	2.49%	Raisin based on INE data
August 2026 (published on 15/09/2026)	2.47%	INE

Source: INE, Osborne Clarke (13/01/2025) and Raisin (2026). In July 2026 headline CPI stood at 3.6%, above the IRAV.

A practical example: if your 2024 contract renews in September 2026 with a rent of €1,000 and provides for an annual update, the maximum increase with August's IRAV would be €24.70 a month. With July's CPI of 3.6%, according to the data cited, the increase would have been higher.

Agency fees: the owner pays

Since Law 12/2023, article 20.1 of the LAU states that property management fees and the costs of drawing up the contract are payable by the landlord. In practice, if a letting agency handles the rental on the owner's behalf, its fees cannot be passed on to the tenant.

General building costs, such as the community of owners' fees (comunidad) or the IBI (property tax), can only be passed on to the tenant if this is agreed in writing, stating the annual amount. Services measured with an individual meter, such as electricity, water or gas, are always payable by the tenant, under article 20.3.

What the owner can and cannot ask of you

They can ask for a deposit (fianza) of one month's rent in cash (art. 36.1 LAU).
They can ask for additional guarantees, but no more than two months' rent for contracts of up to five or seven years (art. 36.5 LAU).
They cannot charge you the agency's fees or the costs of drawing up the contract (art. 20.1 LAU).
They cannot raise the rent more than once a year or without a clause providing for it (art. 18 LAU).
They cannot stop you from staying the minimum five or seven years, except for the need for the home agreed in the contract (art. 9 LAU).
They can require their written consent for you to assign the contract or sublet (art. 8 LAU) and to carry out works that change the layout of the home (art. 23 LAU).

Repairs: who pays for what

Article 21 of the LAU requires the owner to carry out, without raising the rent, all repairs needed to keep the home habitable, unless the damage was caused by the tenant. Small repairs arising from wear and tear through ordinary use are the tenant's responsibility.

The tenant must report faults as soon as possible. If a repair is urgent to prevent imminent damage or serious inconvenience, the tenant can carry it out and immediately claim the cost from the owner. If maintenance works last more than 20 days, the rent is reduced in proportion to the part of the home the tenant cannot use. In addition, article 24 allows a tenant with a disability, or who lives with people with a disability or over 70, to make the necessary interior adaptations after notifying the owner in writing.

If the owner sells the home

Selling a let flat does not end the contract. Under article 14 of the LAU, the buyer takes over the seller's rights and obligations during the first five or seven years of the contract. In other words, the new owner must respect that minimum period.

The tenant also has a preferential right to buy, regulated in article 25. The owner must notify them of the decision to sell, the price and the terms, and the tenant has 30 calendar days to exercise the right of first refusal (tanteo), that is, to buy on those same terms. If they were not notified, or the sale went through at a lower price or on different terms, they can exercise the right of repurchase (retracto) within 30 calendar days of learning of the sale. These rights do not apply if the whole building is sold to a single buyer, and in contracts of more than five years the tenant can agree to waive them, in which case the owner must give 30 days' notice of their intention to sell.

Evictions: what protection remains in 2026

The extraordinary suspension of evictions for vulnerable households, which had been extended repeatedly since 2020, is no longer in force. On 27 January 2026 Congress rejected Royal Decree-law 16/2025 (Real Decreto-ley 16/2025), which extended it until 31 December 2026, and on 26 February it rejected Royal Decree-law 2/2026, which kept it in place while excluding owners with two homes or fewer.

Without that moratorium, the ordinary mechanisms of civil procedure remain: the court can suspend the eviction of a vulnerable household for a limited period, of up to two months if the owner is an individual or four if it is a legal entity, while social services look for alternative housing. If you find yourself in that situation, contact social services and a lawyer as soon as possible, including a legal aid lawyer (turno de oficio) if you meet the requirements.

Sign with everything in writing

Almost all these rights depend on what the contract says and on being able to prove what was communicated and when. At Llavely, verified tenants and owners talk in the chat and sign the contract on the website, so every step is recorded. Rent and deposit are paid directly to the landlord by bank transfer: Llavely does not collect or handle rent payments.

This article is for information only and reflects the rules as of 1 October 2026. For a specific case, consult a lawyer or the housing office of your region or town council.

Frequently asked questions

What is the minimum term of a residential rental contract?

Five years if the owner is an individual and seven if it is a legal entity, under article 9 of the LAU. If it is signed for a shorter period, the contract is extended each year until it reaches that minimum, unless the tenant gives 30 days' notice that they do not wish to continue.

What happens when the five or seven years are up?

If neither party gives notice, the contract is extended year by year up to a maximum of three more years. The owner must give four months' notice that they do not wish to renew and the tenant two months'. In stressed areas, or in cases of vulnerability with a large landlord, there are extraordinary extensions.

How much can my rent go up this year?

It can only go up if the contract provides for an update, and once a year. If you signed after 25 May 2023, the cap is the IRAV published by the INE, which was 2.47% in August 2026. Earlier contracts are updated using the agreed index, usually the CPI.

Who pays the letting agency's fees?

The owner. Since Law 12/2023, article 20.1 of the LAU states that property management and contract-drafting costs are payable by the landlord. If you are charged them, you can claim them back.

Can I leave before the contract ends?

Yes, once six months have passed and with 30 days' notice, under article 11 of the LAU. If the contract provides for it, compensation of one month's rent for each year remaining, or the proportional amount, may be required.

Who pays for repairs?

The owner pays for those needed to keep the home habitable, except for damage caused by the tenant. The tenant covers small repairs due to wear and tear from ordinary use. If a repair is urgent, the tenant can carry it out and claim the cost from the owner immediately.

If my flat is sold, do I have to leave?

Not during the minimum period. The buyer must respect the contract during the first five or seven years. In addition, if you have not waived it in the contract, you have 30 calendar days from notification to buy the home on the same terms.

Can the owner make me leave because they need the home?

Only if they are an individual, the first year has passed, the possibility is expressly stated in the contract and they give you two months' notice. If they do not occupy it within three months, you can return or claim compensation of one month's rent for each year that remained.

Is the eviction moratorium still in force in 2026?

No. In January and February 2026 Congress rejected the two decrees that extended it. What remains are the ordinary suspensions in civil proceedings for vulnerable households, of up to two or four months depending on the type of owner, while social services step in.

Can the owner ask me for three months' deposit?

They can ask for one month's legal deposit and, in addition, extra guarantees of up to two months' rent for contracts of up to five or seven years. Anything above that total exceeds what article 36 of the LAU allows.