Deadlines to Fix Rental Contracts in Spain
If you are a tenant in Spain and believe your rental contract exceeds the reference index or includes an incorrect initial rent, it is important to know the legal deadlines to file a claim and correct it. This text clearly explains the time limits to notify the landlord, gather evidence, submit a formal requirement and, if necessary, start actions before the Court of First Instance. It also details how to record communications, which documents to collect and when to request mediation or free legal advice. The aim is to give practical and simple steps so you can defend your rights as a tenant without needing to be a legal expert.
What does it mean for a contract to exceed the index?
When a rent is set above the reference index or increases that are not permitted are agreed, the tenant can request the contract be corrected and, if applicable, the return of amounts unduly charged. The Law on Urban Leases regulates limits and mechanisms to protect the parties, and some procedures must be initiated within specific deadlines.[1]
In many cases, the reference index limits rent increases and protects the tenant.
Key deadlines for tenants
- Act as soon as possible: notify the landlord in writing as soon as you detect the discrepancy.
- Deadline to demand correction: review the contract and send a formal requirement before limitation periods expire.
- Keep evidence throughout the process: receipts, communications and photographs.
- If applicable, request mediation or free legal advice to know options before going to court.
- If there is no agreement, judicial action must be started within the deadlines established by law and the civil jurisdiction.
Always respond to notices and meet deadlines to avoid losing rights.
How to prepare a claim
Before filing a formal claim, organize the documentation and put all communications in writing. A well-documented claim makes resolution by administrative means, mediation or judicial route easier.
- Gather the contract, receipts and communications with the landlord.
- Send a written requirement requesting correction and reimbursement of amounts if applicable.
- Note key dates: date of notification, response deadlines and relevant expirations.
Documenting dates and responses increases the effectiveness of the claim.
What to do if there is no agreement?
If the landlord does not answer or refuses the correction, consider initiating mediation or filing a claim in the Court of First Instance. The judicial procedure will follow civil procedures for contractual claims and evictions where applicable.[2]
Keep copies of all certified mailings or emails with delivery receipts.
Frequently Asked Questions
- How long do I have to file a claim?
- It depends on the reason: to correct abusive clauses or unduly charged amounts it is advisable to act as soon as possible; some rights prescribe after five years under the Civil Code.
- Can I request repayment of overpaid amounts?
- Yes, if you can prove that amounts were demanded without legal justification, you can claim their return and the corresponding interest.
- Do I need a lawyer to file the claim?
- Not always: you can request mediation or free public advice, but for complex lawsuits it is recommended to have a professional.
How-To
- Review the contract and locate the clause or amount that exceeds the reference index.
- Gather evidence: receipts, messages, photos and any document that supports your claim.
- Send a formal requirement by certified mail or burofax requesting the correction.
- If there is no response, request mediation or free legal assistance to assess the judicial route.
- File the claim in the Court of First Instance if no agreement is reached.
