Fix Rental Contract Exceeding Index in Spain
What happens if the contract exceeds the index
A contract that sets a rent far above the reference index can be challenged by the tenant if the clause is abusive or contrary to applicable law[1]. The analysis combines the wording of the contract, the applicable official index and judicial practice in Spain.
In many cases prior negotiation and clear documentation resolve the difference without going to trial.
How to detect and calculate the difference
- Review the rent clause and its update formula.
- Compare the agreed rent with the official index or the applicable criterion.
- Gather receipts, listings and communications that prove the actual rent paid.
- Calculate the accumulated difference and, if appropriate, the amount to claim.
What steps to follow
- Draft a formal communication to the landlord requesting correction and offering your calculation.
- Respect the deadlines for claims and keep proof of sending and receipt.
- If there is no agreement, consider filing a claim in the competent Court of First Instance[2].
Respond to judicial requirements and deadlines so as not to lose rights.
Key documents and evidence
- Lease agreement and annexes.
- Payment receipts and bank statements.
- Listings or market evidence showing comparable rents.
- Communications with the landlord (email, burofax, SMS).
Frequently Asked Questions
- Can I request that the rent be corrected if it exceeds the index?
- Yes, if the clause is abusive or breaches regulations, you can seek correction through negotiation or judicially.
- How long do I have to claim?
- It depends on the type of claim: keep documentation from the first nonpayment or from when you detect the discrepancy and act promptly to meet procedural deadlines.
- Will I have to pay lawyers or fees?
- You can try to resolve it without a lawyer; if you take the case to court there may be fees and procedural costs, although free legal aid may be available depending on your situation.
How to do it
- Gather the lease, receipts and proof of the applicable index.
- Send a formal claim to the landlord describing the error and proposing correction.
- Calculate the amount to refund or adjust and propose a reasonable method to regularize it.
- If there is no agreement, file a claim in the Court of First Instance with the prepared documentation.
Documenting each step increases your chances of success in claims and trials.
Key Takeaways
- Keep the lease and receipts from the start.
- Act within procedural and administrative deadlines.
- Prior negotiation can save time and costs.
Help and Support / Resources
- Texto consolidado Ley 29/1994 (LAU) - BOE
- Portal de la Administración de Justicia - mjusticia.gob.es
- Consejo General del Poder Judicial - poderjudicial.es
