For more information on the rental deposit system in Spain, including the management of a number of autonomous communities, click here In addition, the owner must ensure that the property is habitable and remains so for the duration of the lease. At the end of the lease, the owner may request that the property be returned to its current state. If, within three months of the tenant`s death, the lessor is not notified and the proof of death is presented in the form of a death certificate and is accompanied by the identity of the person who wishes to take over the tenancy agreement, the contract is terminated. the tenant will leave the property in the state they found it and leave it free of property and objects, with the services in perfect condition, as well as the devices and fittings covered in recital I, provided that an extension is only possible if a written agreement is reached between the parties and between them. In the event that the tenancy agreement or contract does not set the duration of the tenancy agreement, a one-year period without infringing the tenant`s rights is implied for the extension to the entirety of five or seven years. Under the aforementioned Spanish law, leases are first subject to the agreement reached between the parties as long as they comply with the provisions of the Urban Tenancy Act. If so, you will be pleased to know that many of the existing rent laws have recently been updated, which offers you additional protection as a tenant in Spain if you rent long term. After the initial five-year tenancy period, the landlord can apply for an increase in the deposit to reflect an increase in the monthly rent. If the deposit is not repaid by the administration within one month of the end of the lease, the result is legal interest that must be returned to the tenant. Under the new legislation, rent increases during a lease agreement must not exceed the Consumer Price Index (CPI) or the measure of inflation. This puts an end to leases that included a mandatory annual rent increase. After the expiry of the lease, the deposit can be sought and repaid, subject to all damages and losses that the lessor must prove.

If, during the lease, the tenant makes changes that have not been approved in writing by the landlord, the tenant may require, after the closing agreement, that the tenant return the items to their present state. A Spanish lawyer is strongly advised to review or develop your existing lease. If no one takes over the lease, the contract will be automatically terminated. You can also learn more about the changes made in March 2019, If you buy a rental property and the lease is duly registered in the land registry, you acquire the rights and obligations of the seller and, therefore, the lease can only be entered into after the expiry of the validity period of the 5-year lease (7 years if the lessor is a business). Before signing a rental agreement, it is a good practice to check that the person from which you rent the property is actually the owner and not someone who is trying to sublet the property to make a profit. The lease agreement must contain the following provisions: Before the start of a lease, the lessor has the right to demand a tenancy period of up to one month as a surety, plus one month`s rent. In accordance with the March 2019 amendments to the Rent Act, which were intended to protect tenants, a landlord cannot sell a property as long as the tenant resides there. This means that the buyer, whether it has been sold or not, cannot induce you to leave the property after the conclusion of the entire lease term.