Tenant Documents: Refund for Illegal Rent Increase Spain
If you are a tenant in Spain and believe your landlord applied an unlawful rent increase, you can claim a refund of the amounts charged in excess. This article explains which documents to gather —contract, receipts, communications and evidence— how to organize them and the legal deadlines to file the claim or take the case to court. It also details how to document the increase, which letters to send to the landlord and when to seek legal advice or consumer guidance. We keep the language clear and practical so you can review, prepare and submit your claim more confidently. It includes document examples, simple letter templates and tips to preserve evidence. At the end you will find official resources and clear steps to claim.
What documents you need
- Full tenancy agreement (all pages and annexes).
- Receipts or proof of rent and deposit payments.
- Written communications between tenant and landlord (emails, messages and burofax).
- Proof of the increase: offers, listings, photographs or documents showing the new amount.
- Detailed calculation of the overcharged sums and formulas used.
- Tenant ID and landlord contact details.
Keep digital and paper copies of all receipts from the first contested payment or increase.
Legal framework and deadlines
The Urban Leases Act and the Civil Code regulate rental relationships and the remedies available when an increase is unlawful. If in doubt about the applicable rules, review the consolidated text and, if necessary, file the claim before the relevant Court of First Instance.[1] If no agreement is reached with the landlord, there are deadlines to file in court and statutes of limitations; act promptly to avoid losing rights.[2]
Late responses or missing evidence can make it harder to recover unlawfully charged amounts.
Frequently asked questions
- What documents should I provide to claim a refund?
- Tenancy agreement, payment receipts, communications with the landlord and any evidence showing the unlawful increase.
- Should I send a letter before going to court?
- Yes, you should claim in writing and keep proof of sending; a burofax or certified mail creates an official record.
- When should I seek legal help?
- If the landlord refuses to refund or the amount is significant, seek advice or support from official services.
How to do it
- Collect and organize all documents (agreement, receipts, communications and evidence) in one file.
- Calculate the overcharged amount clearly and prepare a claim letter explaining the sum and the reason.
- Send the claim by burofax or certified mail to leave proof of notification to the landlord.
- If there is no response or no agreement, consider filing a claim in the Court of First Instance with all documentation.
- Request legal or consumer support if you need help drafting the claim or handling additional evidence.
A well-documented and reasoned letter often facilitates a refund without going to court.
Help and resources
- [1] BOE - Consolidated text of the LAU
- [2] Judicial Branch - Guides and civil procedure resources
- [3] Ministry of Justice - Procedures and forms
