Letting out your property

It is for anyone considering, planning or carrying out a move to Spain. By the end, you will know which letting routes are legal for your home and what each one demands of you.

Start with "Letting out your Spanish property, long-term, seasonal or tourist". It compares the routes, the income you can hope for and the obligations, so you can choose before you spend money. From there, read the page for the route you pick: long-term landlord duties, the tourist rental licence, or seasonal and medium-term lets. If you plan to hire help, read the page on managers and letting agents. If you have not bought yet, read the buy-to-let checks first.

Tenant-side rental law, evictions, rental income tax, wealth tax and neighbour etiquette are not covered here.

Key rules

• Community consent: A tourist let in a block of flats needs the prior consent of three-fifths of the owners, and without it the let is not allowed.
• Fianza: The fianza on a residential lease is one month's rent, and any extra guarantee cannot exceed two months' rent on leases of up to 5 or 7 years.
• Minimum lease term: A residential lease has a minimum term of 5 years, or 7 years if the landlord is a company.
• Separate regimes: Long-term, seasonal and tourist lets follow different rules, so a contract for one cannot stand in for another.
• Registry number: Show your national registry number in every advert, or the advert can be removed and you can be fined.
• Fines: Regions set their own fines for letting without a licence, so check yours before advertising.

Letting out your property: the whole process, step by step

• Choose your route: long-term, seasonal or tourist let (read: Letting out your Spanish property, long-term, seasonal or tourist): Before you advertise or sign anything

• Check letting rights, community rules and local bans before you buy (read: Checks before you buy a property to let): Before you buy, or before you commit to a route

• For a tourist let, get community consent of three-fifths of owners, then apply for the licence and registry number (read: Getting a tourist rental licence in Spain): Before your first booking or advert

• For a student or worker let of 1 to 11 months, write a seasonal contract stating the temporary reason (read: Seasonal and medium-term lets to students and workers): Before the tenant moves in

• Decide whether to hire a manager, who typically charges 5% to 10% of the monthly rent, often plus VAT (read: Managing a Spanish rental from abroad, manager or do it yourself): Before you look for a tenant

• Sign a long-term lease with a minimum term of 5 years, or 7 years if the landlord is a company (read: Becoming a long-term landlord in Spain and what the law requires): At signing

• Deposit the fianza with your region's housing body (read: Becoming a long-term landlord in Spain and what the law requires): Usually within 1 to 2 months of signing, depending on the region

• Carry out repairs needed to keep the home habitable, and tell your tenant who to contact: Throughout the lease

• Give notice if you do not want the lease to renew after the minimum term: At least 4 months before the lease expires

• Plan any sale knowing a registered lease binds the buyer for the full term: Before you list the home for sale

Documents you may need

The home and the lease

• Written lease contract signed by you and the tenant — Becoming a long-term landlord in Spain and what the law requires
• Written seasonal-use contract stating the specific temporary reason — Seasonal and medium-term lets to students and workers
• Nota simple from the Registro de la Propiedad — Checks before you buy a property to let
• Registration of the lease in the land registry — Becoming a long-term landlord in Spain and what the law requires

Guarantees

• Aval or bank guarantee from the tenant's bank — Becoming a long-term landlord in Spain and what the law requires

Other documents

• Inventory of the furniture and contents — Seasonal and medium-term lets to students and workers
• The community of owners' statutes — Checks before you buy a property to let
• A community certificate showing the flat has no unpaid community debts — Checks before you buy a property to let
• Certificado energético — Checks before you buy a property to let
• The cadastral reference and the latest IBI — Checks before you buy a property to let
• Up-to-date utility bills — Checks before you buy a property to let

Each article lists the other documents it asks for, where you need them.

Letting out your property: questions that cross several articles

Can I switch between a long-term and a tourist let?

Yes, but each route has its own rules, so you cannot simply swap. A long-term lease protects the tenant for a minimum term, while a tourist let needs community consent and a licence. Read Letting out your Spanish property, long-term, seasonal or tourist, then Getting a tourist rental licence in Spain.

Does my block of flats have to agree to a tourist let?

Yes, a tourist let in a block needs the prior consent of three-fifths of the owners. The community can also vote to ban tourist lets or add a surcharge of up to 20 per cent on those flats' expenses. Read Getting a tourist rental licence in Spain and Checks before you buy a property to let.

Can a city stop me getting a tourist licence even if my community agrees?

Yes, several cities and regions have frozen or limited new tourist licences, including Barcelona, Madrid, Valencia, Palma and Málaga. Ask your town hall before you buy or apply.

How much rent can I expect compared with the price I pay?

Gross yields on long-term lets are typically in the mid single digits. They are lower in prime Madrid, Barcelona and the Balearics and higher in secondary cities and inland or coastal towns. Read Checks before you buy a property to let and Managing a Spanish rental from abroad, manager or do it yourself, since management fees reduce your income.

Can I let to a student for 10 months without a 5-year lease?

Yes, if the contract is a seasonal one that states the temporary reason, such as studies, and the tenant keeps a permanent home elsewhere. A false reason can turn it into an ordinary lease. Read Seasonal and medium-term lets to students and workers and Becoming a long-term landlord in Spain and what the law requires.