Residential lease for a main home
1.Parties
- 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.
- 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.
- 1.1
2.Subject matter
- 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
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.
- 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.
- 2.1
3.Term
- 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.
- 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
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.
- 3.1
4.Rent
- 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.
- 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.
- 4.1
5.Rent update
- 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%.
- 5.1
6.Charges and utilities
- 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.
- 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.
- 6.3
Utilities measured by individual meters, such as water, electricity, gas and telecommunications, will be paid by the tenant.
- 6.1
7.Letting and drafting costs
- 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.
- 7.1
8.Deposit and guarantees
- 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.
- 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.
- 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.
- 8.1
9.Repairs and works
- 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.
- 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.
- 9.1
10.Assignment and subletting
- 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.
- 10.1
11.Tenant's early exit
- 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.
- 11.1
12.Termination for breach
- 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.
- 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.
- 12.1
13.Sale of the home
- 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.
- 13.1
14.Notices
- 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.
- 14.1
15.Condition of the home
- 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).
- 15.1
16.Other conditions
- 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.
- 16.1
17.Signatures
- 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.
- 17.1