What to do if you chose the wrong neighbourhood

Terms used

• Burofax — A burofax is a postal service that proves the content and delivery of a letter, used for formal notices.
• Indemnity — The indemnity is compensation a landlord may charge for early exit, only if the contract has a clause for it.
• Padrón — The padrón is the register of residents kept by your town hall, tied to your home address.
• Cita previa — The cita previa is the appointment you must book in advance for most public offices.
• TIE — The TIE is the foreigner identity card issued to non-EU residents.

Key rules

• Early exit: After six months you can leave with 30 days' written notice.
• Indemnity: No clause in your contract means no indemnity is due.
• Order of moving: Sign the new lease and pay the deposit before leaving the old flat.
• Deposit: Your old landlord returns one month's rent as deposit, commonly within 30 days.

First, work out what you can fix

Sort each problem by its cause. Problems inside the flat or the contract can usually be fixed. Problems about the area or the building usually cannot.

Usually fixable

• Faulty appliances and minor repairs. The landlord must fix wear and tear, so ask in writing.
• A weak internet connection. Try a new provider or fibre.
• Cold or damp rooms. Heating or a dehumidifier often helps.
• Noisy neighbours. Raise it with the community of owners, or call the police if it is serious.

Usually not fixable

• The area itself, the orientation of the flat, and street noise.
• Structural damp and a flat with no insulation.
• No lift, lots of tourist flats, or a long trip to work.

Winter cold, mould, summer heat on top floors or west-facing flats, and evening noise from bars and terraces (terrazas) are the surprises that most often make newcomers regret a flat. Heating and cooling bills can also shock you.

If you are unsure, test before you decide. Visit at night and in the rain, and ask neighbours how it really is. If a problem cannot be fixed, look at leaving.

When you can leave your lease

On a normal long-term home lease, you can leave once six months have passed. You must give your landlord 30 days' written notice. Send it by burofax or another provable method. Email is fine only if the contract allows it.

You cannot leave in the first six months without breaking the lease. The exception is if the landlord has failed in their duties. This does not cover seasonal lets or room rentals.

What leaving early can cost

The landlord can charge an indemnity only if your contract has a clause for it. Without a clause, you owe nothing. If there is a clause, it is capped at one month's rent for each year of the lease still remaining. Periods shorter than a year count pro rata. With two years remaining, the cap is two months. Read your contract for this clause before you give notice.

Plan the move in the same city

Do it in this order:

1. Find the new flat. Check its energy certificate to judge the insulation, and visit it at night.
2. Sign the new lease and pay the new deposit before you leave the old flat. Never be left without a home.
3. At handover, agree a record with the landlord. Add photos and meter readings.
4. Transfer or cancel electricity, gas, water and internet, and take final readings.
5. Expect the old landlord to return the deposit, which is one month's rent. This is commonly within 30 days.
6. Update your padrón at the new address. Book the cita previa at your town hall. Deadlines and practice vary by town hall, so ask yours.
7. Update your address with your bank, the traffic authority (DGT), your health card and your foreigners' office records, including your TIE.

The timeline, documents and checklist below carry the details of each step.

Timeline and deadlines

• Check your lease for the notice terms and whether it has an indemnity clause: before you decide to leave

• Give your landlord written notice by burofax or another provable method: at least 30 days before you leave, once six months have passed

• Do the inspection and sign a handover record with photos and meter readings: when you hand back the keys

• Transfer or cancel electricity, gas, water and internet, and take final readings: around the move-out date

• Update your padrón at the new address through the cita previa: within your town hall's deadline after the move

• Update your address with your bank, the DGT, your health card and your TIE records: after the padrón is updated

Documents you need

• Your current lease, to check the notice terms, the six-month rule and whether it has an early-exit indemnity clause.

• A written notice to your landlord, sent by burofax or another provable method (email only if the contract allows it).

• Your new signed lease and deposit, in place before you leave the old flat.

• A handover record for the old flat, agreed with the landlord, with photos and meter readings.

• The energy certificate of a flat you are considering, to check its insulation.

• Your padrón registration at the new address, booked through the cita previa at your town hall.

Checklist

• Write down each problem and mark whether it is inside the flat or contract (fixable) or about the area or building (usually not fixable).

• Try a new internet provider or fibre, and heating or a dehumidifier, for comfort problems.

• Check the energy certificate of any flat you are considering.

• Photograph the old flat and take meter readings at handover.

• Book a cita previa to update your padrón, then tell your bank, the DGT, your health centre and the Foreigners' Office.

What to watch out for

• Leaving early can cost an indemnity: If your contract has an indemnity clause, the landlord can charge up to one month's rent for each year of the lease remaining. Periods of less than a year are counted pro rata. With two years remaining, the most you can be charged is two months' rent. Read your contract for the clause before you give notice, and work out the cap from the time left.

• No clause means no indemnity: A landlord cannot charge an indemnity that the contract does not provide for. Some tenants pay a demanded sum without checking. If the landlord asks for money, ask them to show you the clause in writing before you pay.

Frequently asked questions

Can I leave my flat in the first six months?

No, you cannot leave in the first six months without breaching the lease, unless the landlord has failed in its duties. If you do leave, the landlord can claim against you under the contract. If the problem is a landlord failure, put it to the landlord in writing first.

Can I fix a weak internet connection or noisy neighbours without moving?

Yes, both are usually fixable without moving. For weak internet, try a new provider or fibre. For noisy neighbours, raise it through the community of owners, or call the police if it is serious.

Which winter and summer surprises make newcomers regret a flat?

The most common ones are cold flats with no central heating, damp and mould in north-facing or coastal flats, and extreme heat on top floors or west-facing flats without air conditioning. Evening noise from bars and terraces in city centres and high electricity bills for heating and cooling also catch people out. Ask about all of these before you sign your next lease.

Do I need to change my padrón when I move within the same city?

Yes, you update your padrón registration to the new address within your town hall's deadline, using the cita previa (appointment). The padrón is your town hall's register of residents.