Moving to Spain

Long Term Renting in Spain

This section is a detailed and up-to-date guide to the important aspects of renting a home in Spain.

When moving to a new country, there are many new adjustments that you need to make and it can seem overwhelming. A key step in feeling at home in a foreign country is organising a suitable place to stay: a space to call your own. Every country has its own accepted practices when it comes to finding accommodation or arranging a rental contract: without information, it is easy to be daunted when you need to find a place to stay.

This guide includes information on types of accommodation available, finding accommodation, understanding rental contracts and formalities when moving to Spain. 

If you wish to live in Spain, you will need to ensure that you are legally entitled to do so. Citizens of the European Union are able to move to other EU countries unrestricted, as long as they are able to support themselves financially. If you are not an EU citizen but wish to live in Spain you may need a visa.

EU Citizens

If you are an EU citizen, you are entitled to live and work in Spain. Upon arrival you will need to present a passport or an ID card to prove your identity. If you will be staying for more than three months, you are required to register at the Central Registration Office for Foreigners (the 'Registro Central de extranjeros'), located in your local immigration bureau. If there is no immigration bureau in your area, you are able to register at the police station.

Non-EU Citizens

If you are not a citizen of an EU country, you will need a visa to live, work or study in Spain. Your spouse and any dependants will also need visas if they wish to accompany you. These visas are available at Spanish consulates around the world. You will need to apply for a visa before travelling to Spain, and usually in person to prove your identity. There are different types of visa, including ones for business, study and tourism. For each visa you will require documents to prove the purpose of your trip.

 Understanding the Rental Contract

When you rent a property you will be required to sign a rental contract. This details the terms and conditions of the rental agreement and protects the rights of both the landlord and the tenant. Failure to comply with the conditions or obligations set out in the contract will typically result in problems, and even the start of legal proceedings.

It is important to read the rental contract thoroughly before signing it! The rental contract gives details of the property in which you are allowed to stay, and the rent you will pay to the landlord in exchange. The property may include furniture, a garage, storage rooms or other features. The contract will detail the agreement reached between tenant and landlord and specify any obligations that apply.

In Spain, a rental contract does not need to be an official document, although if you wish it can be drawn up before a notary and registered with the Land Registry. It is important however that the rental contract is a formal, written document agreed on by both landlord and tenant: this avoids any future misunderstandings. The contract should also be in accordance with the Urban Leases Act; a model of the standard rental contract is easily available, typically stocked by tobacconists, which outlines the basic details of the agreement.

It is important to ensure that you are given a written contract to read and sign. Should you have a disagreement with your landlord it will be very difficult to defend your rights without a written agreement to which both parties can refer?

The rental contract should include:

Date and place where contract is created and signed

Details of the landlord

Details of the tenant

Details of property being rented, including location, size and layout

Length of the rental term

Rent payable to landlord by tenant

Signature of both landlord and tenant

 The rental term may be any length up to five years. When the agreed term is shorter, the tenant can extend the contract to last five years if they wish to do so. If they choose not to extend the term they must give at least one month's notice that they do wish to terminate the contract as agreed. After five years, the rental agreement can be further extended for terms of up to three years.

The tenant is required to pay rent to the landlord in exchange for living at the property. The rent can be negotiated by both parties, and will usually be paid in the last or the first week of the month. The landlord should send the tenant a receipt to show that the rent has been paid, in order to avoid any future disagreements. Once the initial rental term is over, the rent will typically be renegotiated to take increases in inflation into account. Some landlords will increase rent annually, after the initial rental term, in line with the Consumer Price Index (CPI).

Repairs on the property are the landlord's responsibility, and will typically be done once the rental term has come to an end. Should urgent repairs be necessary, the landlord must inform the tenant in advance that there will be building work; if this disruption lasts longer than twenty days the landlord must reduce the rent that month. The tenant can make small repairs, especially if these are needed to fix damage caused by general wear and tear. Should the tenant wish to make large-scale alterations to the property, they will need the landlord's consent.

Other Costs

In addition to paying the rent, a rental agreement will typically result in other costs. Before moving into the property you will be required to pay the landlord a security deposit, and during your tenancy you will be expected to pay utility bills for the services you use such as gas, water and electricity.

Security deposit

The tenant is legally required to pay the landlord at least one month's rent as a security deposit, before they move into the property. This money acts as insurance for the landlord: in the case of damage to the property or breach of contract, the landlord is entitled to keep this deposit as compensation. If there are no problems during the rental term, the landlord must return this security deposit to the tenant when they move out. After five years, the value of this security deposit can be increased in line with the Consumer Price Index (CPI) (and the tenant must pay the difference), to counteract the effects of inflation.

Service Costs

As a general rule, expenses related to the building itself (including property maintenance and property tax) must be paid by the landlord. Individual service costs such as water, electricity, gas, telephone and internet must be paid by the tenant. If you share an apartment with other people, these service costs will either be included in your monthly rent or you will be expected to contribute to communal bills. It is important that you check with the landlord as to which service costs are included in your rent, if any. If you are required to pay all service costs extra, ask for an estimate of these costs to help you plan your financial outgoings.

Termination of the Rental Contract

It is possible that at some point either the landlord or the tenant will wish to cancel the rental contract. There is a set protocol to follow if you wish to end a rental agreement. You will usually be able to find details of the procedure that you need to follow in the terms and conditions of your rental contract.

Tips for Successful Rental

When you decide to move to another country, there are many important considerations. One of the most important aspects of settling into your new life is finding suitable accommodation. It can be bewildering, but there are several things to consider before renting a property:

Decide what kind of accommodation you are looking for: do you want to share the property with others? Where do you want to live? How much can you afford to pay? Developing clear ideas helps to speed up the property search, so long as you remember to be flexible and consider properties that do not match all of your requirements.

Ascertain whether or not you are entitled to state support with rental costs.

If you wish for a third party to search for a property on your behalf, ensure that the fee you will pay is fixed and agreed on in advance.

Once you have found the perfect home, check that any relevant documents are in order, including licenses, certificates and the rental contract.

Verify that the characteristics of the building correspond with those described in the rental contract.

Read the rental contract carefully and ensure that you understand your rights and your obligations.

Request a receipt from the landlord to prove that you have paid the security deposit, and monthly receipts to confirm that you have paid the rent.

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