Tenants in Spain: fix contract exceeding the index
If your rental contract in Spain sets a rent that exceeds the current reference index, as a tenant you have options to claim and correct that clause. This article clearly explains what it means for a contract to "exceed the index", which basic rights protect you under the LAU and the Civil Code, and what practical steps you can take: gather evidence, notify the landlord and, if necessary, go to the Court of First Instance. We also describe alternatives such as mediation and eviction procedures for non-payment, and indicate when it is worth seeking free legal advice.
What does it mean for a contract to exceed the index?
A contract “exceeds the index” when the agreed rent goes beyond the established reference index or the common practice in the area. The Urban Leases Act sets limits and principles that protect the tenant.[1]
How to check it
- Receipts and bank statements showing rent payments.
- Contracts or comparable listings from the same area.
- Written communications with the landlord and prior offers.
How to claim and deadlines
To make a claim, it is common to send a formal communication to the landlord requesting correction and providing evidence. If there is no reply, you can file a lawsuit before the Court of First Instance or seek mediation. Pay attention to legal deadlines for claims and form requirements.[2]
Frequently asked questions
- Can I reduce the rent if the contract exceeds the index?
- Yes, if you can prove the rent is disproportionate you can request a correction by notice or civil claim.
- Do I need a lawyer to make a claim?
- Not always; you can start claims and mediation on your own, although a lawyer helps in complex cases.
- What happens if the landlord starts an eviction for non-payment?
- The judicial procedure will follow the rules of the Civil Procedure Act; you can present evidence and defenses in court.
How-To
- Gather all documentation: receipts, contract and comparable listings.
- Send a formal notice to the landlord detailing the discrepancy and the requested correction.
- Keep proof of sending (certificate or registered mail) and note response deadlines.
- Seek free legal advice at guidance services if the situation becomes complicated.
- If there is no agreement, prepare the claim and file it at the Court of First Instance.
Key takeaways
- Act promptly and respect legal deadlines.
- Collect all evidence before notifying the landlord.
- Seek help from official services if you need support.
Help and Support / Resources
- Consolidated text of the LAU
- Judicial information on procedures
- Ministry of Justice - procedures and guidance
