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Residential lease agreement template for Spain

Residential lease for a main home · Contrato de arrendamiento de vivienda habitual

The lease for a home that will be the tenant's permanent residence, under Ley 29/1994 de Arrendamientos Urbanos (LAU) as amended by Ley 12/2023 and RDL 29/2026. It sets the parties, the home, the term and renewals, rent and updates, charges, deposit, repairs, early exit and notices.

Use it when an individual or a company lets a home, furnished or not, that the tenant will occupy as a permanent home. Do not use it for a holiday let, a temporary let for work or study (vivienda temporal), a room in a shared home (since RDL 29/2026 a room let as the tenant's main home also falls under the LAU rules for homes, but this template covers a whole home), or protected social housing. Title II of the LAU is mandatory: a clause that departs from it to the tenant's harm has no effect.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Rules that are changing

  • RDL 29/2026 has applied since 8 October 2026 but still needs a vote of the Diputación Permanente of the Congress. If the vote fails, the earlier LAU text returns for the future.
  • RDL 29/2026 bars passing property taxes such as IBI to the tenant, and bars requiring rent-default insurance.
  • RDL 29/2026 removes any compensation for a tenant who leaves after 6 months, adds a 15-day repair procedure and a signed end-of-lease document, and regulates temporary leases.
  • RDL 29/2026, final provision 6: until 31 December 2027, a yearly rent update agreed without a new pact may not exceed 2%. No increase applies if the rent is above the reference index.
  • Final provision 5: a tenant in a lease in force on 8 October 2026, up to date with rent and with each month paid for the previous 8 months, can ask for up to 2 extra yearly extensions.
  • Those extensions apply when the minimum term ends before 31 December 2028 or the tacit extension ends.
  • The landlord must accept the extensions unless a new lease or other terms are agreed, or the landlord proves own need.
  • RDL 28/2026 would apply from 15 November 2026 if the Diputación Permanente confirms it. After the 5 or 7 years, the lease would renew for further 5 or 7-year periods.
  • Under RDL 28/2026, the landlord would need 6 months' notice to stop that renewal.
  • Under RDL 28/2026, a landlord who ends the lease would owe the greater of 12 months' rent at the top of the reference index range or 1 month per year of residence.
  • That compensation would not apply in listed cases, such as the landlord's own need.

Key facts

Applies to
Whole country. Deposit lodging and rent limits in high-demand areas depend on the autonomous community.
Minimum duration
5 years, or 7 if the landlord is a company, through yearly renewals that only the tenant can refuse with 30 days' notice (LAU art. 9.1).
Tacit extension
After the minimum, up to 3 more yearly renewals unless the landlord gives 4 months' notice or the tenant 2 months' (LAU art. 10.1).
Tenant leaving early
Possible after 6 months, with 30 days' written notice (LAU art. 11).
Deposit (fianza)
1 month's rent in cash. Any extra guarantee is capped at 2 months' rent for leases up to 5 or 7 years (LAU art. 36).
Rent payment
Monthly, in the first 7 days, by electronic means. No more than 1 month in advance (LAU art. 17).
Annual rent update
Only if the lease provides it, capped by the INE IRAV index. IRAV for September 2026: 2.54% (LAU art. 18; INE).
Letting agent and lease costs
Paid by the landlord. They cannot be passed on to the tenant (LAU art. 20.2).
Community charges
Passed to the tenant only in writing, with the annual amount. Never outside propiedad horizontal (LAU art. 20.1).
High-demand areas
New rent may not exceed the last rent of the previous 5 years, updated, plus at most 10% in listed cases (LAU art. 17.6 and 17.7).
Large landlords in high-demand areas
Capped by the state rent reference index (LAU art. 17.6 and 17.7).
Landlord needing the home
Only if the lease says so, after the first year, with 2 months' notice, for the landlord or close family (LAU art. 9.3).
Deposit return
Legal interest runs if the landlord has not returned it 1 month after the keys are handed back (LAU art. 36.4).

The document

Text shown

You sign the Spanish version. The English version helps you understand it. Your answers fill both.

Residential lease for a main home

  1. 1.Parties

    1. 1.1

      At Place of signature, on Date of signature. On the one part, as landlord, Landlord's identity. On the other part, as tenant, Tenant's identity.

      Landlord: name or company, DNI, NIE or NIF, address. A company adds its representative and power. Each co-tenant: name, DNI, NIE or passport, current address.

    2. 1.2

      The parties acknowledge each other's legal capacity to enter into this residential lease, which will be governed by its terms and, where they are silent, by Title II of Ley 29/1994 of 24 November on Urban Leases, and in addition by the Civil Code.

  2. 2.Subject matter

    1. 2.1

      The landlord lets to the tenant, who accepts, the home located at Address of the home, consisting of Description of the home, with cadastral reference Cadastral reference, together with the following accessories: Accessories let with the home. The home is let Furniture.

      Accessories and furniture let with the home follow the same rules as the home.

    2. 2.2

      The tenant will use the home to meet the permanent housing need of the tenant and the tenant's family. The tenant may not use it for any other purpose or for tourist accommodation.

    3. 2.3

      The landlord hereby gives the tenant a copy of the home's energy performance certificate, with rating and registration number Energy rating and registration number.

  3. 3.Term

    1. 3.1

      The lease takes effect on Start date of the lease and is agreed for a term of Agreed term years. If this term is less than five years, or seven if the landlord is a legal person, the lease will be renewed compulsorily for yearly periods until it reaches that minimum, unless the tenant notifies the landlord, at least thirty days before the end of the lease or of any renewal, that the tenant does not wish to renew it.

      Only the tenant can stop these renewals. A one-year lease therefore runs up to 5 or 7 years if the tenant wishes.

    2. 3.2

      Once the minimum term has passed, if neither party notifies the other that it does not wish to renew, the landlord at least four months and the tenant at least two months in advance, the lease will be extended under article 10 of the Urban Leases Act in force at the time.

      The extension is now yearly for up to 3 years. RDL 28/2026 would change it from 15 November 2026. "Vigente en cada momento" follows the law as it changes.

    3. 3.3

      Optional

      The compulsory renewal will not apply, once the first year has passed, if the landlord, being an individual, needs the home as a permanent home for the landlord or for the landlord's first-degree relatives by blood or adoption, or for the landlord's spouse after a final judgment of separation, divorce or annulment. The landlord must notify the tenant, stating the cause, at least two months before the date the home is needed.

      Keep it only if an individual landlord may need the home. If the family does not move in within 3 months, the tenant can return or claim compensation.

  4. 4.Rent

    1. 4.1

      The monthly rent is set at Monthly rent in euros, in figures euros (Monthly rent in words euros), which the tenant will pay monthly in advance within the first seven days of each month, by transfer to account Landlord's bank account (IBAN). The bank record will serve as receipt. The landlord may not require payment of more than one month in advance.

    2. 4.2

      Optional

      For the purposes of article 31.3 of Ley 12/2023 of 24 May on the right to housing, the landlord declares that the home is in a high-demand residential market area; that the last rent of a main-home lease in force in the previous five years in the same home was Last main-home rent, previous 5 years; and that the value for the home under the applicable rent reference index is State rent reference index value.

      Keep it in a declared high-demand area. Listed works or a term of 10 years or more allow more.

  5. 5.Rent update

    1. 5.1

      The rent will be updated on each anniversary of the lease by applying the annual change in the Reference Index for the Annual Update of Residential Leases (IRAV) published by the National Statistics Institute, using the last index published on the update date. The updated rent will be payable from the month after the landlord notifies it in writing, stating the percentage applied.

      Without this clause the rent stays fixed. The law caps an update at the IRAV change. RDL 29/2026 caps updates due 8 October 2026 to 31 December 2027 at 2%.

  6. 6.Charges and utilities

    1. 6.1

      Optional

      The general community charges for the home will be paid by the tenant. Their annual amount on the date of this lease is Annual community charges for the tenant euros. During the first five years, or seven if the landlord is a legal person, this amount may only rise, by agreement of the parties, once a year and never by more than double the percentage allowed for the rent update.

      Delete it if the landlord pays the community charges.

    2. 6.2

      The property tax (IBI) and the other taxes on the home will be paid by the landlord.

      RDL 29/2026 bars passing these taxes to the tenant from 8 October 2026.

    3. 6.3

      Utilities measured by individual meters, such as water, electricity, gas and telecommunications, will be paid by the tenant.

  7. 7.Letting and drafting costs

    1. 7.1

      The estate agency and drafting costs of this lease will in all cases be paid by the landlord, and may not be passed on to the tenant directly or indirectly.

  8. 8.Deposit and guarantees

    1. 8.1

      The tenant hereby pays the sum of Deposit euros, equal to one month's rent, as the legal deposit, for which this document serves as receipt. The landlord will lodge it with the competent regional body where the autonomous community's rules require it.

      The deposit does not change during the first 5 or 7 years. At each later renewal either party can adjust it to one month of the current rent.

    2. 8.2

      The deposit will be returned to the tenant at the end of the lease, after the condition of the home is checked and any sums owed are deducted. If it is not returned within one month of the keys being handed back, the balance will bear the legal interest rate.

    3. 8.3

      Optional

      As an additional guarantee of the performance of the tenant's obligations, the tenant provides: Additional guarantee. Its value will not exceed two months' rent.

      Delete it if no extra guarantee is agreed. Under RDL 29/2026 the landlord cannot require the tenant to take out rent-default insurance.

  9. 9.Repairs and works

    1. 9.1

      The landlord will carry out, without any right to raise the rent, all repairs needed to keep the home fit to live in, except damage caused by the tenant or the tenant's household. Small repairs due to ordinary wear will be paid by the tenant.

    2. 9.2

      The tenant will notify the landlord of any needed repair as soon as possible. The tenant may not carry out works that change the layout of the home or its accessories without the landlord's written consent.

  10. 10.Assignment and subletting

    1. 10.1

      The tenant may not assign the lease without the landlord's written consent. The home may only be sublet in part and with the landlord's written consent, and the sublet rent may not exceed the corresponding share of the rent.

  11. 11.Tenant's early exit

    1. 11.1

      The tenant may end the lease once at least six months have passed, provided the tenant notifies the landlord at least thirty days in advance.

      RDL 29/2026 removes the old compensation of one month's rent per remaining year. Do not add such a clause while the decree-law is in force.

  12. 12.Termination for breach

    1. 12.1

      The landlord may terminate the lease, among other legal grounds, for non-payment of the rent or of amounts the tenant has assumed, non-payment of the deposit, unauthorised subletting or assignment, damage caused deliberately or works done without consent, activities that are a nuisance, unhealthy, harmful, dangerous or unlawful, and when the home ceases to be used mainly to meet the housing need of the tenant or of the person who actually occupies it under article 7 of the Urban Leases Act.

    2. 12.2

      The tenant may terminate the lease if the landlord fails to carry out the repairs the landlord must make, or disturbs the use of the home in fact or in law.

  13. 13.Sale of the home

    1. 13.1

      If the let home is sold, the tenant will have the rights of first refusal and redemption under article 25 of the Urban Leases Act. The buyer will take over the landlord's rights and obligations under article 14 of that Act.

      The tenant has 30 calendar days from formal notice of the sale to buy on the same terms.

  14. 14.Notices

    1. 14.1

      The parties designate the following email addresses for the notices provided for in the Urban Leases Act: landlord, Landlord's email for notices; tenant, Tenant's email for notices. Electronic notices will be valid provided the authenticity of the communication and its content is guaranteed and there is reliable proof of sending and receipt.

      A plain email may not prove receipt. For important notices use burofax or a certified email service.

  15. 15.Condition of the home

    1. 15.1

      The parties sign, as an annex to this lease, a condition report and inventory of the home on the date the keys are handed over. At the end of the lease, the parties will record the condition of the home in writing in an end-of-lease document signed by both.

      RDL 29/2026 requires a signed end-of-lease document. Without one, or if it notes no damage, the home is presumed returned in adequate condition (LAU art. 36.7).

  16. 16.Other conditions

    1. 16.1

      The parties also agree the following conditions: Other agreed conditions.

      A condition that reduces the tenant's rights under Title II of the LAU has no effect.

  17. 17.Signatures

    1. 17.1

      In witness whereof, the parties sign this lease in duplicate, at the place and on the date stated.

      Each landlord and each co-tenant signs every page.

Fill in the details

0/23
1.Parties
2.Subject matter
Furniture
3.Term
4.Rent
6.Charges and utilities
8.Deposit and guarantees
14.Notices
16.Other conditions

Formalities

  1. Either party can require a written lease, and the tenant can always demand one.
  2. Make one original per party and sign every page.
  3. Write the cadastral reference in the lease. Give the tenant the energy performance certificate.
  4. In a declared high-demand area (zona de mercado residencial tensionado), state the last rent of the previous 5 years and the state rent reference index value.
  5. Where the region requires it, the landlord lodges the deposit with the regional body: Madrid within 30 working days, Catalonia within 2 months of signature.
  6. Some regions, such as Andalucía, Asturias and Murcia, have no lodging duty.
  7. No notary, stamp duty or registration is needed.
  8. You can register the lease in the land register to protect the tenant against a later buyer.

Common mistakes

  • Calling a permanent home a temporary or seasonal let to avoid the 5-year term.
  • Skipping the temporary cause. Under RDL 29/2026 a temporary lease must state a real cause the landlord can prove, or it is a main-home lease from the start.
  • Asking the tenant to pay the agent's fee or the cost of drafting the lease. The law puts these costs on the landlord.
  • Setting the rent in a high-demand area without checking the last rent and the index. Check the address on the ministry's list and the reference index first.
  • Leaving out an update clause. Without one the rent cannot be updated during the lease.
  • Not lodging the deposit with the regional body. Regions such as Madrid add surcharges for late lodging.
  • Relying on the landlord's need to recover the home when the lease does not state it. The landlord can use that ground only if the lease says so expressly.
  • Skipping a signed inventory at entry. Without one, the law presumes the tenant received the home in good condition.

Legal basis

  • Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (consolidated text, last updated 7 October 2026)
  • Ley 29/1994, art. 9 (minimum duration and landlord's need)
  • Ley 29/1994, art. 10 (tacit and extraordinary extensions)
  • Ley 29/1994, art. 11 (tenant's early exit)
  • Ley 29/1994, arts. 17 and 18 (rent, payment and annual update)
  • Ley 29/1994, art. 20 (charges and letting costs)
  • Ley 29/1994, art. 36 and additional provision 3 (deposit and its lodging with the regional body)
  • Ley 12/2023, de 24 de mayo, por el derecho a la vivienda, arts. 18 and 31 (high-demand areas and information in the lease)
  • Código Civil, art. 1562 (without a record of condition, the tenant is presumed to have received the home in good condition)
  • Real Decreto-ley 29/2026, de 6 de octubre, art. 3 and final provisions 5 and 6

Sources

  • Depósito de fianzas: organismos por comunidad autónoma
  • Consultar zonas de mercado residencial tensionado
  • Índice de Referencia de Arrendamientos de Vivienda (IRAV)
  • Fianzas de arrendamiento
  • Preguntes més freqüents: fiances de lloguers
  • Los decretos-leyes de vivienda: derogación, reaprobación y convalidación en plena disolución

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