Before you decide which house to buy and in which region of Spain you may want to rent for a while to see if that area suits your needs. You may also decide to rent as opposed to buy when you move to Spain for financial reasons. Whatever your reasons for deciding to rent there are certain things you will need to know beforehand.

Finding a property to rent should be fairly easy. There are many foreign home owners who have bought their property solely to rent out and you may be able to get a good deal on a long term lease. There are also property owners who may have built a studio or apartment beneath their home in a converted basement that are offering it for rent to generate themselves a little more income. By letting a few people know that you are in the market for a rental property and perhaps asking in a few estate agents in the region you are sure to find yourself something suitable.

The Urban Lettings Act of 1994 applies to all rental contracts and has provisions that must be met. There should always be a rental agreement or contract between the landlord and the tenant. Some landlords prefer to have an official document drawn up by a notary or lawyer and this will then be held with the Spanish Property Register (Registro de la Propiedad). This is not always necessary as long as both parties sign the contract to show that they agree with the terms and conditions laid out.

The lease agreement (Contrato de Arrendamiento) should set out certain provisions which are there to protect both the tenant and the landlord, they include the amount of rent to be paid and the payment terms such as weekly rent, monthly rent and what day or date it is payable on. Other information that should be included in the agreement is the identification information for both tenant and landlord such as passport number. The contract will also stipulate other terms such as which party is liable for the utility bills and who is liable for any damaged to the property. Rules for subletting the property and terms regarding late payments should also be clearly stated.

Short term tenants have fewer rights than long term tenants under Spanish law. Short term contracts (contrato de arrendamiento de temporada) can run for up to one year maximum. They are usually used for holiday lets and it is required that the tenant vacate the premises as soon as the contract is up. Long term contracts are those that exceed a period of one year. A long term contract on a domestic property (arriendo de vivienda) is automatically renewed on its expiration as long as the contract term is less than 5 years unless the tenant no longer wants to continue the tenancy. The landlord must accept these renewals even if they have stated they need to use the property themselves before the five year period are up. After the five year term the landlord can then end the contract but must give the tenant 30 days written notice of termination. If they do not terminate the contract then the contract will be automatically renewed for three years unless the tenant no longer wishes to continue the tenancy. A rental agreement that does not state a duration period will run for one year.

A tenant will be required to pay a deposit when taking out a lease on a Spanish property regardless of the length of tenancy period. The deposit (fianza) is usually equal to one month’s rent. The deposit will be returned to the tenant up on the end of the lease agreement as long as the property is left in the same order as when the tenant began occupation. Those who take out a long term contract may be subject to rent increases; if this is the case an increase in the deposit will also be expected. No more than one month’s rent should be paid in advance at the beginning of the lease period, although it is normal for a landlord to ask for both a deposit and one month’s advance rent. Both the advance rent and the deposit paid to the landlord should be receipted. If the landlord does not offer a receipt you must request one unless payment is made by bank transfer which is easily traceable.

As a tenant your landlord is likely to ask you to sign an inventory of the contents of the home (provided the home is being let as furnished accommodation). This will help to address any problems at the end of the tenancy such as broken or missing furniture of electrical items. The landlord is responsible for the maintenance of the property and for damages caused by normal wear and tear. However it is the tenant’s responsibility to repair damage caused by themselves through accident or wilful neglect. Any damage caused by visitors is also the responsibility of the tenant. If the landlord needs to make repairs and requires access to the home then three months’ notice must be given, unless the repair is deemed to be urgent, in which case as much notice as possible should be given.