Guarantor for Rent: Duration and Release in Spain

As a tenant in Spain, it is common for the landlord to request a guarantor (aval) as an additional security in the rental contract. This article explains in practical terms how long that guarantor can last, what signs indicate its release and the concrete steps a tenant can take to recover the release of the guarantor. We will look at common deadlines, what documents to gather and how to formally claim if the landlord does not accept releasing the guarantor when appropriate. The intent is to provide clear, actionable guidance for people facing doubts about the duration of the guarantor and its release in Spain.

¿Qué es el aval y para qué sirve?

The guarantor is a personal guarantee that commits a third party (guarantor) to cover the tenant's obligations if they do not pay or cause damages. In practice it complements the security deposit and may appear in the contract or in a separate document. The Law on Urban Leases and case law regulate aspects linked to contract obligations and procedural moments relevant to its enforcement.^[1]

Duración legal y práctica

Legally there is no single fixed term for all guarantors: the duration depends on what is agreed in the contract and whether the obligation guarantees present, future rents or liabilities after the contract ends. In ordinary rental contracts the guarantor is usually linked to the rental period and the obligations derived from it; however, if it is agreed to cover subsequent obligations (for example, damages detectable after return), the liability may extend beyond handing over the keys. Consult the consolidated legal text for details and scope.^[1]

Common situations

• Guarantor tied to the rental period (rent): usually ends when the contract ends and payment obligations are met.
• Guarantor that covers damages or later payments (document): may remain until those obligations are verified and settled.
• Guarantor formalized in writing (form): its release typically requires a written agreement or court resolution.

Cómo pedir la liberación del aval

To request release of the guarantor, it is important to follow ordered steps: gather proof of compliance, notify the landlord in writing and open channels for dialogue. If there is no agreement, the guarantor or tenant can request judicial intervention in the Court of First Instance to obtain a resolution declaring the termination of the guarantee.^[2]

• Gather documentation: contracts, payment receipts and handover records (document).
• Check deadlines: review whether the guarantor covers subsequent obligations and for how long (rent).
• Send a written request to the landlord asking for release and justifying with evidence (form).
• Negotiate with the landlord and, if appropriate, request a document that accepts the release (contact).

Proof and legal actions

If the landlord does not agree to release the guarantor after the request, the next step may be to file a claim in the Court of First Instance for a judge to determine whether the guarantee has expired or must be maintained. The judicial practice values evidence such as receipts, inventories and communications. In some cases a written agreement between the parties is sufficient; in others, civil proceedings will be necessary.^[2]

Preguntas frecuentes

¿Puede el avalista ser obligado a pagar una vez que yo he dejado la vivienda?

If there are unpaid rents or proven damages after handing over, the guarantor can be liable up to the agreed limit; if there are no pending obligations, the responsibility must be extinguished.

¿Cuánto tiempo tarda la liberación si voy a juicio?

It depends on the Court and workload, but a declaratory procedure can take several months; therefore it is recommended to try an out-of-court solution first.

¿Qué documentos debo aportar para pedir la liberación?

Lease agreement, payment receipts, key handover record and any written communication between tenant and landlord.

Cómo hacerlo

1. Gather all relevant documentation: contract, receipts, inventory and communications (document).
2. Check clauses about the guarantor's duration and responsibility periods (rent).
3. Send a formal, documented request to the landlord asking for release (form).
4. Negotiate an agreement that is written and signed by both parties (contact).
5. If there is no agreement, file a claim in the Court of First Instance so the judge can determine the extinction of the guarantor (court).

Puntos clave

• Always check the specific deadlines agreed in your contract (rent).
• Keep receipts and handover records to prove compliance with obligations (document).
• Request the release in writing and keep a certified copy if possible (form).

Ayuda y recursos

• Texto consolidado de la LAU (BOE)
• Información judicial y trámites (Ministry of Justice)
• Guides and resources of the Judiciary

1. [1] BOE - Consolidated text of the Law on Urban Leases
2. [2] Ministry of Justice - Information and judicial procedures