Tenant rights: refund for improper rent increase Spain

If you are a tenant in Spain and have paid a rent increase you consider improper, you have options to claim a refund. This text clearly explains the tenant's rights, what documentation to gather, and the usual steps: contacting the landlord, making a formal claim and, if necessary, going to court or seeking guidance services. It also indicates important deadlines and actions to avoid so you do not lose rights. The guide uses simple language for non-experts and offers official Spain resources to file complaints or lawsuits. Keep all receipts and communications from the first moment to strengthen your claim.

Who must return the amount?

If a landlord applied a rent increase without legal basis or contrary to the contract, in principle the person who charged improperly must return that amount to the tenant. This includes billing errors, increases not agreed in the contract or charges not allowed by the Law on Urban Leases.^[1]

What documentation do you need

• Receipts and payment proofs (receipt, document) showing the amounts paid.
• The rental contract and any written communication showing the agreed rent (contract, form).
• Communications to the landlord: emails, messages and registered mail sent or received (evidence, proof).
• Bank statements showing transfers or direct debits (refund, payment).

Steps to claim

1. First contact the landlord in writing requesting the refund (contact, call).
2. Send a formal written claim if there is no response or if the request is rejected (form, file).
3. Gather all evidence: receipts, contract and communications (document, evidence).
4. Take deadlines into account (days, plazo): act as soon as possible to avoid losing rights.
5. If there is no agreement, consider filing a claim in civil court or seeking legal advice (court, trial).

Short claim model

Draft a letter or email indicating: 1) identification, 2) period and amounts paid, 3) reason for the claim, 4) copies of receipts and contract, and 5) an express request for refund within a specific period (for example 15 days).

Deadlines and limitation periods

Deadlines can vary depending on the nature of the claim. For patrimonial claims and civil claims the general limitation period of the Civil Code often applies, but it is advisable to check the specific case as soon as possible and consider that acting quickly helps to prove the improper charge.^[2]

Frequently asked questions

Can I recover everything charged in excess?

If it is proven that the increase was improper, you can request full reimbursement of the excess paid, unless there is a legal reason limiting it.

Do I have to go to court to recover the money?

Not always; many cases are resolved with a formal claim and negotiation. If there is no agreement, judicial action is the alternative.

Do I need a lawyer to claim?

For small amounts you can sometimes file a claim without a lawyer in certain procedures, but a lawyer or guidance service can make the process easier and improve results.

How to claim

1. Contact the landlord in writing requesting the refund and proposing a deadline for payment.
2. Gather and organize all evidence: receipts, contract and communications.
3. Send a formal claim (registered mail or email with acknowledgement) stating the amount to be refunded.
4. If there is no response, file the claim at the Court of First Instance or seek mediation.
5. Keep track of deadlines and documentation throughout the process to justify your claim.

Help and Support / Resources

• Consolidated text of the Urban Leases Act
• Information from the Spanish Judiciary on civil procedures

1. [1] BOE - Consolidated text of the Law 29/1994, on Urban Leases
2. [2] Spanish Judiciary - Information on civil procedures