Documents a Landlord May Request in Spain
As a tenant in Spain, it is important to know what documentation a landlord may ask for and what limits the law sets. This article clearly explains common papers —pay stubs, employment contract, references, and deposit— when they are reasonable and when they may infringe your privacy under the LOPDGDD/GDPR. We also describe which personal data should not be requested without legal basis, how to request proper handling of your information and what steps to take if you suspect misuse. If you face a request for documents to rent or renew, here you will find practical advice, rights and official resources to defend your interests without complications.
What a landlord may request
Landlords usually ask for information to assess solvency and reduce risks. This does not mean they can request any data: requests must be proportionate and relevant to the rental contract.
- Pay stubs or salary receipts as proof of income.
- Employment contract or company certification.
- Identity document, NIE or passport to verify identity.
- Deposit, bank guarantee or reasonable economic guarantees.
- References from previous landlords or guarantor contact information.
- Credit or arrears reports when provided proportionally and with legal basis.
When the request is reasonable
It is reasonable to ask for data that demonstrates payment capacity and identity. However, the request must be limited to what is necessary: for example, asking for medical history or full access to bank accounts would be disproportionate and likely illegal.
Documents that should not be requested
Some data exceed the purpose of the rental contract and are especially protected by data protection rules.
- Sensitive personal data (health, beliefs, racial or ethnic origin).
- Passwords or remote access to personal devices.
- Excessive requests for personal history unrelated to solvency.
How to protect your data and what to ask the landlord
You have rights as the data subject: request the purpose, limit processing, ask for rectification or deletion and demand security measures. Always ask in writing why data are requested, how long they will be kept and with whom they will be shared.
- Request the purpose of the processing and the legal basis in writing before handing over documents.
- Provide only the strictly necessary copies and avoid giving documents with irrelevant data.
- Ask for a responsible contact for privacy matters or to exercise your rights.
- Demand minimum security measures (physical custody or restricted access) for sensitive documents.
Preguntas frecuentes
- Can a landlord request my medical history?
- No. Medical history is sensitive data and is not relevant to assess a tenant's solvency, so such a request is usually illegal except in very specific exceptions.
- What can I do if they ask for too much data?
- Request the purpose and legal basis in writing; if the answer is unsatisfactory, file a complaint with the data protection authority or seek legal advice.
- Can they ask for a guarantor or guarantee?
- Yes, they can require guarantors or economic guarantees as a condition to sign the contract, provided the requirement is proportionate and defined in the contract.
How to
- Gather only basic documents: ID/NIE, recent pay stubs and employment contract if applicable.
- Request the purpose in writing and a copy of the contract with data protection clauses.
- Contact the landlord to agree which copies are necessary and how they will be returned after processing.
- If you believe your rights have been violated, file a complaint with the data protection authority or seek legal counsel.
Key points
- A landlord can request proof of solvency, but only proportionate data related to the contract.
- You are not required to provide sensitive data or personal passwords.
Help and Support
- BOE - Legal texts and Laws
- Ministry of Justice - Judicial information
- Poder Judicial - Procedures and resources
