Housing access discrimination: tenants in Spain
As a tenant in Spain, you may face discrimination when searching for or renewing a home. This article explains clearly which practices are illegal, how to recognize signs of unequal treatment and which evidence to gather —photos, messages, calls and witnesses— to support a complaint. We also describe practical steps to file a claim with the administration or the court, and how to demand that repairs and habitability are respected while the case is processed. You do not need to be a legal expert; here you will find guidance on deadlines, documents and official resources to protect your rights and act with confidence. It includes examples of admissible evidence and links to official resources to help at each step.
What counts as discrimination in housing access?
Discrimination occurs when a person is treated differently because of protected characteristics (origin, sex, disability, religion, sexual orientation, etc.) when applying for or keeping a rental. Practices such as refusing to show the property, demanding different conditions or charging a higher price for discriminatory reasons may be illegal and should be documented.
Key signs and evidence
Identifying signs and gathering evidence is essential. Look for patterns, messages or witnesses that confirm unequal treatment; keep any ad, written conversation, photos or recordings that show different conditions for other applicants.
- Photos and videos of the property condition or discriminatory messages.
- Screenshots, emails and listings with different conditions.
- Call logs, agent names and witnesses who saw the treatment.
- Documents on deposits, payments or economic differences required among applicants.
Legal framework and where to act
In Spain, rental rules and prohibition of discriminatory treatment apply across different texts and can serve as a basis to claim. The Urban Leases Act regulates rights and obligations in rentals and, in civil procedures, the Court of First Instance handles claims related to evictions and contractual disputes.[1][2]
How to collect and organize evidence
Document dates, keep digital and physical copies and write a chronological summary of events. Label each file with date, author and context. If there are habitability or repair issues pending, request repairs in writing and keep the response.
How to file the complaint
You can file a complaint with the competent administration (consumer or equality) and, if appropriate, initiate civil actions before the court. In cases of serious discrimination or crimes, the criminal route may also apply. If in doubt, consult free legal advice services or tenant support groups.
Frequently asked questions
- Is it illegal for a landlord to refuse a home because of my origin or sex?
- Yes. Refusing access due to protected characteristics can constitute discrimination and allows filing a complaint with authorities and judicial actions.
- Which types of evidence are most useful?
- Written messages, screenshots of listings, witnesses and any difference in conditions or prices between applicants are often decisive.
- Where should I go first?
- First collect evidence and contact consumer or equality services in your autonomous community; if appropriate, file the administrative claim and consider the judicial route.
How to file a complaint
- Gather all evidence: photos, messages, contracts and testimonies.
- Request repairs or explanations from the landlord in writing and keep the response.
- Contact consumer, equality services or legal advice for initial guidance.
- File the administrative complaint or the civil claim before the court if the situation is not resolved.
Key takeaways
- Housing discrimination can be reported and requires documentary evidence.
- Keep messages, photos and receipts; create a timeline of events.
- Contact official services or legal advice to determine the right course of action.
Help and support / Resources
- Consolidated Urban Leases Act text on BOE
- Guides and procedures on the Ministry of Justice portal
- Information on courts and procedures at the Judicial Power
