Fix Rental Contract Exceeding Index in Spain
If as a tenant in Spain you find that your rental agreement applies a price or clauses that exceed the reference index, you have options to correct it. This text explains, step by step and in clear language, what to check in the initial rent, how to document the difference, what formal communications to send to the landlord and when to seek mediation or go to court. I also indicate common deadlines and useful evidence to support your claim. I include basic communication templates and tips on evidence that courts often value, as well as when it is appropriate to seek free advice.
What does it mean for a contract to exceed the index?
The Ley de Arrendamientos Urbanos governs the conditions for rent adjustments and when a reference index should be applied for rent increases or revisions.[1] A contract that sets an adjustment or an amount above that index may give rise to a claim by the tenant if there is no legal justification or clear agreement.
In many cities the index serves as a reference for rent adjustments.
Steps to correct the contract
- Review the applied rent and the contract's update clause.
- Calculate the difference between what was charged and what would correspond according to the reference index.
- Document payments, receipts and communications with the landlord.
- Send a formal communication requesting the correction and offer a deadline to resolve it.
Keep copies of all receipts and communications to prove your claim.
When to go to mediation or to court
If the landlord does not correct the issue, consider mediation[2] and, if appropriate, file a claim with the Juzgado de Primera Instancia to claim the difference and annul abusive clauses.
Missing procedural deadlines can limit your legal options.
Frequently Asked Questions
- Can I claim if the contract applies an unagreed increase?
- Yes, as a tenant you can claim a correction if there is a deviation from the reference index.
- Do I have to prove all payments to make a claim?
- It is advisable: receipts, bank statements and messages serve as evidence and ease the claim.
- How long does a court procedure on this matter take?
- Deadlines vary, but mediation can be faster; a court process may take several months.
- Can I negotiate an agreement with the landlord?
- Yes, an amicable solution avoids costs and is usually the quickest option if both parties accept the correction.
How to
- Review the contract and note the clause that regulates the update.
- Calculate the difference, document receipts and preserve evidence.
- Send a burofax or certified mail requesting the correction and set a reasonable deadline for the response.
- If there is no agreement, request mediation or file a claim in the Juzgado de Primera Instancia.
Help and resources
- Consolidated text of the Ley de Arrendamientos Urbanos (LAU)
- Ministry of Justice - Guides and procedures
- Poder Judicial - Information about courts
