Annual Rent Update in Spain: Who Pays?
If you are a tenant in Spain, understanding how the annual rent update works helps you plan expenses and protect your rights. We explain which indices are used (CPI or others agreed in the contract), when an increase can be applied and what legal limits exist under the Urban Leases Act. We also detail the steps to check the calculation, how to request supporting documents from the landlord and what options you have if you consider the increase unfair. It includes action models, procedural deadlines and common remedies before the Court if necessary. This practical guide is aimed at tenants seeking clear information, concrete steps and links to official sources in Spain.
How the update is calculated
In Spain the update is usually based on the CPI or another index agreed in the contract; the Urban Leases Act regulates limits and the way the review is applied.[1] The contract may set a different index or a specific formula, but any clause forcing automatic increases outside general law can be challenged.
- Review period and date (deadline): check when the increase may be applied.
- Contract clause (notice): read the exact wording of the update clause.
- Calculation and base (rent payment): verify the formula and the base amount used.
- Supporting documents (documents): keep receipts and communications.
Who pays the increase?
The tenant pays the increase when the review is permitted and has been calculated according to what is agreed in the contract or established by law. If the clause does not respect legal limits or the calculation is incorrect, the tenant can claim against the landlord and request correction or refund of amounts wrongly collected.
What to do if you disagree
If you believe the increase is incorrect follow these practical steps: request the breakdown in writing, gather documentation and respond to the landlord before paying the disputed difference. There are procedural deadlines that are important to respect if you decide to go to the Court of First Instance.[2]
Frequently asked questions
- Can the landlord raise the rent without notifying me?
- No. The increase must conform to what is agreed in the contract or to applicable regulations; it is also advisable that the landlord communicates the review in writing.
- What is the limit of the increase?
- It depends on what is provided in the contract and on the law. Some Autonomous Communities may have temporary rules; check the applicable regulation and the Urban Leases Act.[1]
- If I don't pay the difference, can I be evicted?
- Non-payment may lead to eviction proceedings, but there are also ways to challenge unjustified increases; seek advice and act within legal deadlines.
How to do it
- Review the contract and locate the update clause (notice).
- Calculate the increase according to the agreed formula or CPI and compare with the communicated amount (rent).
- Request the breakdown and supporting documents from the landlord in writing (documents).
- Send a formal complaint if there is an error, specifying deadlines for reply (notice).
- If there is no agreement, consider filing a claim before the Court of First Instance (court).
Key takeaways
- Always keep receipts and communications as proof.
- Check the contract's review clause before accepting any increase.
- Observe deadlines to reply and to file claims with the court.
Help and Resources
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Information and procedures
- General Council of the Judiciary - Procedural information
