Refund for Illegal Rent Increase in Spain
If you are a tenant in Spain and believe your landlord applied an illegal rent increase, you have the right to claim a refund of the overcharged amount. This article explains, in clear language, the steps to prepare an administrative or judicial claim, what evidence to gather (contract, receipts, communications), the deadlines to observe and the options to resolve the dispute without trial. We also indicate when it is advisable to go to a Court of First Instance and which public services can assist you. The aim is to give you a practical and accessible guide so you can defend your rights as a renter with confidence.
What you can claim
If the rent increase does not comply with the contract or applicable law, you can claim the repayment of the excess charged and, where appropriate, interest. Check the Ley de Arrendamientos Urbanos to understand limits and conditions[1].
- Repayment of amounts charged unlawfully.
- Late payment interest from the date of the undue payment.
- Reimbursement of charges not included in the contract or that are illegal.
In most cases, tenants are entitled to basic habitability conditions.
How to prepare your claim
Before claiming, gather all documentation that proves what happened and the payment dates. Draft a written claim requesting the refund and keep a copy.
- Lease agreement and its annexes.
- Receipts and bank statements showing payments.
- Written communications (messages, emails or notifications).
- Estimates or invoices if there were works related to the dispute.
Documenting dates and payments improves chances of success.
Deadlines and where to file
Act as soon as possible: deadlines to claim amounts usually span several years depending on the nature of the right, and some actions must be filed in the competent Court of First Instance[2]. If you prefer to exhaust the administrative route, start with a claim to the landlord and keep proof of delivery.
Frequently asked questions
- Can I recover what I paid if the increase was verbal?
- Yes, if you can prove that you were overcharged (receipts, bank transactions or witnesses) you can claim the unlawfully paid amount.
- Should I go to court immediately?
- Not always: try a written claim and negotiation; if there is no agreement, consider filing a claim in the Court of First Instance.
- Can I deduct it from next month’s rent?
- It is not advisable to deduct without agreement or court resolution, as this could lead to challenges or eviction for non-payment.
How to claim
- Review the contract and calculate the overcharged amounts.
- Send a written claim to the landlord requesting the refund and a deadline for response.
- Gather and organize all evidence: contracts, receipts and communications.
- Try mediation or an amicable agreement before litigating.
- If there is no agreement, file a claim in the Court of First Instance with the relevant documentation.
Key takeaways
- Claim as soon as possible and respect legal deadlines to avoid losing rights.
- Keep all relevant documents and receipts.
- Seek advice or public assistance if you are unsure about the process.
Help and support / Resources
- BOE - Consolidated text of the LAU
- Ministry of Justice - Procedural information
- Poder Judicial - Procedural guide
