Costa del Sol long-term rentals

Many people looking to buy a second home in Spain choose to rent before they buy.

Private tenancy agreements are governed by national rental laws (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos and Real Decreto-Ley 7/2019, de 1 de marzo), which set out and protect the rights and obligations of both the landlord (arrendador) and the tenant (arrendatario).

Before signing a tenancy agreement tenants should undertake a thorough inspection of the property before signing a contract.

Its good practice to verify the identity of the person or agency renting out the accommodation to ensure they are the owner. This can be done at the National Property Registry by means of a ‘nota simple’. If someone is acting on behalf of the owner such as an agent, you should ensure they have power of attorney to do so.

Tenancy agreements

Rental agreements must provide the tenant with the full terms and conditions of their tenancy and be formalised in writing. Ensure you fully understand all clauses before signing and if something is not clear, seek legal advice.

The written agreement must state the full name and ID number (DNI for Spanish nationals, NIE or passport for foreign nationals) of the landlord and tenant, the property’s full address and the specific terms to which both parties have agreed such as rent amount, payment method etc.

If the property is furnished, this must be specified in the agreement, as should the tenant’s ability to use any other facility such as storage rooms, parking spaces, shared gardens and swimming pools etc.

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