Who Pays for New Tenancy Contracts in Tension Zones in Spain
If you are signing a new tenancy contract in a tension zone in Spain, it is normal to ask who should assume the initial rent and other charges. This article explains, in clear language, the rights and obligations of tenants and landlords regarding the initial rent, price updates and clauses related to tension zones. You will find practical steps to document the agreement, claim against the landlord or through the courts, and important deadlines you must respect. We also offer tips for negotiating terms and what to do if you find abusive clauses in the tenancy agreement. You do not need to be an expert: follow these guidelines to protect your rights as a tenant in Spain.
Who pays the initial rent?
Generally, the initial rent and the security deposit are agreed between the parties in the tenancy contract; the Urban Leases Act regulates limits and formalities that should be checked before signing. If you believe the landlord imposes charges not agreed upon or abusive clauses, document everything in writing and check your options for claiming.[1]
In tension zones there are legal limits and requirements on certain rent increases.
Common situations
- Initial rent and first months payment (payment): usually agreed between tenant and landlord and must appear in the contract.
- Deposit and additional guarantees (deposit): the security deposit has specific rules and is typically returned at the end of the contract.
- Update and revision clauses (notice): check how indices are applied and whether the dwelling is in a tension zone.
- Repairs and maintenance (repair): obligations for upkeep and who pays are subject to agreement and habitability rules.
Keep all receipts and written communications organized and stored safely.
How to protect your rights
Before signing, request a written copy of the contract and clarify who pays each item. Photograph the condition of the dwelling when you move in and keep payment receipts. If there is a disagreement, try to negotiate in writing and, if there is no response, you can file a formal claim or take the case to the civil court at the Court of First Instance.[2]
Key takeaways
- Keep receipts and proof of payments to demonstrate what you have paid in a dispute.
- Read and note all contract clauses before signing to avoid unexpected charges.
- Act within legal deadlines to file claims and respond to notices.
FAQ
- Can the landlord require payment of the first month before signing?
- The landlord may request guarantees, but any payment must be recorded in the contract and abusive charges cannot be imposed without clear agreement.
- What should I do if the contract contains an abusive rent clause?
- Document the clause, try to negotiate its removal and if not possible seek advice and file an administrative or judicial claim as appropriate.
- How does being in a tension zone affect the tenancy?
- In tension zones there are specific rules on limits and market controls that can condition rent increases or new contract terms.
How to
- Gather documentation: contract, receipts, photos of the dwelling condition (document).
- Request any changes in writing and ask for them to be added to the contract if you agree (form).
- Contact municipal services or consumer offices if you suspect abusive practices (help).
- If there is no solution, prepare a claim for the Court of First Instance and present your evidence (court).
Help and Resources
- BOE: Consolidated text of Law 29/1994, Urban Leases Act
- Ministry of Justice: Information and judicial procedures
- General Council of the Judiciary: Information on the judicial route
