Challenge Disproportionate Guaranty for Tenants in Spain

If you are a tenant in Spain and are asked for a guaranty you consider excessive, you have options to challenge it without giving up your rights. This article explains in clear language what a disproportionate guaranty is, when it can be abusive and the practical steps to present evidence, file administrative claims or go to the Court of First Instance. You will find indicative deadlines, how to organize documentation and which defense strategies usually work best to obtain a fair resolution. The recommendations apply both to new contracts and to clauses added during the tenancy, and guide you on proofs and remedies that increase your chances of success in Spain.

What is a disproportionate guaranty?

A guaranty secures the tenant's obligations; it is disproportionate when it demands an amount, duration or conditions that exceed what is reasonable compared to rent and the security deposit. The Urban Leases Act and case law set limits on additional guarantees, so an abusive guaranty can be challenged with the landlord and, if necessary, before the courts^[1].

When can you challenge a guaranty?

• When the amount demanded is clearly higher than the deposit or than what was agreed in the contract.
• If the guaranty imposes conditions that limit the tenant's rights or extend liability beyond the contract.
• When the guaranteed obligation's term is indefinite or disproportionally long.
• If the clause was not explained or clearly signed at the time of contracting.

How to challenge a guaranty: essential steps

1. Check deadlines: act as soon as possible because some remedies and limitation periods begin at signing or at the first demand for the guaranty.
2. Gather evidence: contract, written communications, deposit receipts and any message that requests or details the guaranty.
3. Claim in writing to the landlord requesting withdrawal or modification of the guaranty and keep proof of delivery or certification.
4. If there is no agreement, file a claim at the Court of First Instance requesting annulment or limitation of the guarantee.

Prepare your documentation

• The lease agreement and annexes that mention guarantees or guaranties.
• Proof of deposit payment and rent receipts to compare amounts.
• Written communication to the landlord requesting clarification or withdrawal of the guaranty.
• Documents proving actual harm (reports, repair estimates, etc.).

Frequently asked questions

Can I refuse to sign a guaranty I find abusive?

Yes, you can refuse and negotiate terms; if you already signed, you can challenge the clause as abusive before the landlord or in court if there are signs of disproportionality.

How long do I have to claim if I initially accepted a guaranty?

It depends on the cause: claims about abusive clauses are usually filed once abusiveness is detected, but it is essential to act promptly to gather evidence and not miss statutory deadlines.

Do I need a lawyer to file the claim?

For judicial proceedings it is advisable to have a lawyer and a court representative, although in simple claims you may try prior negotiation without a lawyer.

How to

1. Send a written request to the landlord asking for withdrawal or modification of the guaranty and keep proof of sending.
2. If there is no response, gather all documentation proving disproportionality and harm.
3. File a claim at the Court of First Instance requesting annulment or limitation of the guaranty.
4. Seek free legal advice or mediation services if available in your municipality.

Key takeaways

• Recording all guaranty requests from the start makes later challenges easier.
• An abusive guaranty can be limited or voided if you prove it is disproportionate compared to rent and deposit.
• Act within deadlines and file written complaints to improve your chances of success.

Help and support / Resources

• Consolidated text of the Urban Leases Act (BOE)
• Information on courts and procedures (Poder Judicial)
• Procedures and citizen services (Ministry of Justice)

1. [1] BOE - Consolidated text of the Urban Leases Act
2. [2] Judicial Council - General information on courts and procedures