Rental Contracts in Spain: Common Pitfalls and How to Negotiate with Your Landlord
Renting a home or apartment in Spain as a foreigner can be a smooth experience — or a legal headache. If you’re relocating under the Digital Nomad Visa, it’s crucial to understand what to look out for in a lease agreement and how to protect your rights.
At NomadTaxSpain, we help international tenants identify red flags, negotiate fair terms, and avoid legal or financial surprises.
1. Ambiguous Duration and Renewal Terms
🔍 What to check:
- Is there a fixed term?
- Does the contract auto-renew?
- Is early termination allowed?
You have the right to stay for a minimum of 12 months in most long-term rentals under Spanish urban rental law.
2. Unregulated Deposits and “Extra” Guarantees
🔍 What to check:
- Are you paying more than the legal deposit?
- Is the extra amount refundable?
- Is it registered with the proper housing authority?
Excessive guarantees can often be negotiated down with legal advice.
3. Maintenance and Repair Responsibility
🔍 What to check:
- Who pays for appliances, plumbing, electricity, etc.?
- What happens if something breaks?
Under Spanish law, landlords must cover structural and essential repairs.
4. Furnished vs. Unfurnished — Not Just About Furniture
🔍 What to check:
- Is there an inventory list?
- Are there penalties for removing items?
Make sure you get a signed inventory at move-in — with photos if possible.
5. Exit Penalties and Notice Periods
🔍 What to check:
- Is there a fair notice period (usually 30 days)?
- Are exit penalties proportional and legal?
As a tenant, you have rights to exit with proper notice after a specified period (unless otherwise agreed).
How to Negotiate with Your Landlord
- Review the contract with a legal expert before signing
- Request changes in writing and keep a copy of the signed agreement
- Communicate clearly and early if you need to leave or adjust terms
- Stand your ground if a clause is not legal — we can intervene for you
How NomadTaxSpain Can Help
- Full review of your lease contract (English or Spanish)
- Legal support during negotiation with the landlord
- Templates and guidance for official communications
- Assistance with housing certificates, empadronamiento, and relocation services