Renting in Spain: How to rent and knowing your rights

Are you thinking of renting in Spain, or already in a rental contract? It is paramount that you know your rights and understand your agreement.

Renting a flat or house in Spain can seem overwhelming, but with all the information you can remove the hassle and focus on what you want. 

Thankfully, rental requirements are relatively the same for foreigners as for Spanish citizens, with the only major difference being the document you provide as a tenant; for foreigners, it is usually an NIE (foreigners identification number), however, you can also sign with your passport. 

This is everything you may need as a foreigner trying to rent in Spain:

NIE or Passport

The first is the document you use to sign your contract. The Foreigner Identification Number (NIE) is essential for foreigners wanting to live or work legally in Spain.

You can apply for one at the Foreigners Office in your province. Alternatively, you can sign with your passport.

Employment contract or study certificate

To ensure you have sufficient income to pay your rent, your landlord will ask for your employment contract, and sometimes proof of your most recent pay. If you have an employment contract, you can present a copy stamped and signed by your employer.

If you are a student, you can submit a study certificate. 

Spanish bank account

It is also essential you hold a Spanish bank account to pay the rent, if your rent is paid by bank transfer or regular payment. You will also need a Spanish bank account to pay utility bills, which are usually taken out automatically. 

In some cases, international bank accounts are accepted, however, it is recommended for ease to have a Spanish bank account.

References from previous

The landlord may ask you for positive references from previous landlords you have rented from.

Deposit

The landlord will ask for a security deposit, which is the amount of money that the rental law establishes as obligatory to cover possible damages to the property. The deposit amount is one month’s rent. 

Additional guarantee

An additional guarantee clause in the rental contract is presented as a preventive and resolutive measure for possible conflict situations, such as non-payment, damage or accidents that may adversely impact the lease. They are to protect the landlord and the tenant. 

Guarantor

Tenants have two main options for rental guarantees. 

The first is the bank guarantor, provided by the bank. The process involves the bank assessing the client’s financial ability to meet payment commitments and analysing the guarantees backing the repayment of the guaranteed amount. 

The second option is the personal guarantor. This involves a third person taking responsibility for the tenant’s possible debts, such as a parent agreeing to be liable for their child’s rental agreement, which is common for students.

What are my rights?

It’s important to know your rights and the obligations of your rental agreement before you sign the agreement. 

As a tenant, you have the right to request a guided tour of the flat or house by the landlord or rental agency. This will allow you to see and evaluate the place beforehand, and know that both parties have seen and agreed upon the condition of the rental before you move in.

Additionally, you are also within your rights to freely negotiate the duration of the contract with the landlord. 

Another important right of yours as the tenant is the right to demand the property is kept in good condition. This allows you to ask the landlord to complete necessary repairs or resolve any problems that may arise in the flat. 

Obligations

Your obligations as a tenant are simple; you must pay the deposit and the monthly rent on time; you must pay the electricity and water bills, and you cannot sublet the flat without the landlord’s explicit, recorded permission.

If you wish to leave your rental agreement early, in Spain they allow for this. If you have fulfilled at least six months of the contract, what’s known as the minimum obligatory stay, and have stayed within your contractual obligations, then you can leave your rental agreement.

As the tenant, you must notify your landlord a minimum of 30 days before leaving.

Tips for renting

• Here are some essential tips to follow before you sign a rental agreement in Spain.
  
• Check the rental agreement thoroughly
• Never rent without first viewing
• Make an inventory of the flat once you have viewed; the state of the building and the furniture and appliances inside (take photos!)
• Compare prices with other local rentals
• Visit the area and explore; check for supermarkets, public transport destinations, gyms, and whatever else you value within walking distance