Claiming Refund for Unlawful Rent Hike in Spain
If you are a tenant in Spain and believe your landlord applied an unlawful rent increase, you have options to claim a refund. This article explains, in clear language and step by step, how to identify when an increase is illegal, which documents to collect, which deadlines to respect and how to file a complaint with the landlord or, if necessary, with the courts. It includes practical examples, evidence templates and links to official resources so you can make informed decisions and protect your rights as a tenant. No legal expertise is required to follow these recommendations. At the end you will also find a frequently asked questions section and a step-by-step guide to claim.
What is an unlawful rent increase?
An unlawful increase occurs when the landlord raises the rent without legal basis, without respecting contract limits or without following procedures set by the Urban Leases Act. Consult the consolidated text to see the rules on rent updates and renewals in force in Spain[1].
First things to do
- Gather evidence: contract, receipts, written communications and any notice about the increase.
- Calculate the claimed amount: difference between what was paid and what would apply under the contract and law.
- Send a written claim to the landlord indicating the amount, the deadline you set and the request for a refund.
- Respect deadlines: send the claim by means that provide proof and keep copies of everything.
FAQ
- What deadlines do I have to claim an unlawful increase?
- It depends: keeping documentation, you can make an extrajudicial claim and then consider judicial actions according to applicable prescription periods and current regulations.
- Do I have to keep paying while I claim?
- Yes, in general you should continue paying the current rent while the dispute is resolved; claim the difference later and document payments.
- Can I go directly to court?
- If there is no agreement with the landlord, you can file a lawsuit in the relevant Court of First Instance; certain procedures have specific requirements and deadlines[2].
How to
- Gather clear evidence: contract, receipts, bank statements and communications.
- Draft and send a written claim to the landlord with the amount and a deadline for response.
- Calculate the refund requested and attach supporting documents to the claim.
- If there is no solution, file a lawsuit in the competent Court of First Instance following the procedural steps indicated by the Spanish justice system[2].
Key takeaways
- Collect and organize all evidence before claiming.
- Send a documented written claim to the landlord.
- If there is no agreement, consider going to court with advice.
