Reference Rent Index: Tenant Guide Spain
As a tenant in Spain, understanding the MITMA reference rent index helps you protect your rent and plan for changes. This guide explains step by step how the index is calculated, when it can influence rent increases, what rights the tenant has and which legal deadlines apply. It also indicates what documentation to gather, how to file objections and when it is necessary to turn to official services or a civil court. If you are concerned about an increase, an eviction or lack of maintenance, here you will find practical actions and links to official resources to act with confidence and clarity. Read the steps and deadlines to respond in time.
What the reference index is and how it affects you
The index published by the Ministry of Transport, Mobility and Urban Agenda (MITMA) serves as a reference to update certain rents in lease contracts according to applicable regulations, including the Urban Lease Act (LAU)[1]. Not all automatic increases are valid: it depends on the contract clause, deadlines and official publication. If you have doubts, document communications and dates and consult administrative or judicial options.
How it is applied and deadlines
The update is usually linked to the contract's review clause; the annual publication of the index sets the indicative percentage and there are deadlines for notice and acceptance.
- Check the rent update clause in your lease agreement.
- Calculate the percentage according to the index published by MITMA.
- Gather receipts, communications and proofs of payment and notifications.
- Respond in writing within the deadlines indicated by your contract or the law.
What to do if rent is increased
If the landlord announces an increase based on the index, request an explanation in writing and a copy of the official publication. Try to negotiate and consult free resources before accepting any change.
- Contact the landlord and request justification in writing.
- Negotiate a temporary agreement or share the increase.
- Send a certified letter or other reliable communication if appropriate.
- If there is no agreement, consider filing a claim in the competent Court of First Instance[2].
Frequently asked questions
- Can I refuse an increase based on the index?
- Yes, if it is not provided for in the contract or has not been applied correctly; document and claim in writing.
- How long do I have to file a claim?
- It depends on the contractual clause and legal deadlines; act as soon as possible and keep dates and communications.
- Where can I request free help?
- At municipal housing offices, legal advice services and the official resources listed below.
How to
- Gather all documentation: lease, receipts, messages and landlord announcements.
- Send a written claim to the landlord requesting clarification or correction.
- If there is no response, go to mediation or file a claim in the Court of First Instance.
Help and resources
- Document: Consolidated text of Law 29/1994, LAU (BOE)
- Ministry of Justice: procedures and services
- Judiciary: information on evictions
