Tenant rent review at renewal in Spain
As a tenant in Spain you may wonder if a landlord can request a rent review when renewing the lease and who is responsible for maintenance and repairs. This article explains your rights as a tenant: when rent increases are permitted, which lease clauses bind you, who pays for repairs necessary for habitability, and what steps to take if you disagree. We also outline deadlines and official remedies to make a claim, with practical examples for negotiating or taking the case before the competent authorities in Spain.
Can the rent be reviewed at lease renewal?
The Urban Leases Act (LAU) allows parties to agree on rent updates, but a unilateral increase is not automatic: it must be provided in the lease or agreed at renewal. Revision by CPI or another index only applies if there is an express clause; otherwise any increase must be negotiated with the tenant.[1]
What the landlord can claim and what the law requires
The landlord may propose increasing the rent to adjust the amount to the market or to an agreed index, and may seek to charge for extraordinary improvements; however, the obligation to keep the dwelling habitable mainly falls on the landlord under the LAU and the Civil Code.
- Agreed index update (CPI or other) if specified in the lease.
- Renewal increase proposed by agreement between parties.
- Charging for extraordinary improvements only if agreed and distinguished from conservation repairs.
- Landlord obligation to guarantee habitability and perform necessary repairs.
Repairs and responsibilities
Conservation repairs to keep the dwelling habitable are usually the landlord's responsibility; small repairs due to daily use may fall to the tenant if the lease so establishes. Record dates, communications and estimates: documentation is essential in disputes and to take action through judicial or administrative channels.[2]
Frequently Asked Questions
- Can the landlord raise the rent at renewal if there is no clause?
- No, unless both parties agree; without an update clause the landlord cannot impose a unilateral increase.
- What should I do if I am offered an unfair increase?
- Negotiate in writing; ask for evidence, compare with the market and if there is no agreement consider legal action or mediation.
- Who pays for damp or structural repairs?
- Usually the landlord, since these are necessary for habitability; distinguish them from minor wear-and-tear repairs.
How to
- Review your lease and look for clauses on rent updates or renewal terms.
- Request the proposed increase in writing and ask for the justification or calculation used.
- Document repairs and communications with photos, estimates and receipts to preserve evidence.
- If there is no agreement, seek legal aid or mediation and, if appropriate, file in the Court of First Instance.
Key takeaways
- Without an update clause, any rent increase needs tenant consent.
- Landlords are generally responsible for habitability and major repairs.
- Always document repairs and communications to protect your rights.
Help and support / Resources
- [1] BOE - Ley de Arrendamientos Urbanos
- [2] Ministerio de Justicia - General information
- [3] Judicial Power - Citizen guidance
