Lease types, rooms and shared flats

It is for anyone considering, planning or carrying out a move to Spain. The contract type decides how long you can stay, what rules apply to the rent and how well you are protected from eviction. Newcomers are often offered seasonal or room contracts that give far less than a standard lease, so it pays to know the difference before you sign.

Start with "The main types of Spanish rental contract". If you are moving with a partner, there is also a version for you, "Renting as a couple: what changes".

Key rules

• Agency fees: Since May 2023, agency and contract-formalisation fees on habitual-residence leases are paid by the landlord, and the tenant cannot be charged them.
• Seasonal reason: A seasonal lease must be documented with a temporary reason such as work, study, or medical treatment to be lawful.
• Deposit: The legal deposit for a habitual-residence lease is one month's rent.
• Minimum term: A main-residence lease agreed for less than the minimum term is automatically extended year by year until the home has been let for at least 5 years.
• Company landlord term: When the landlord is a company, a main-residence lease is automatically extended until the home has been let for at least 7 years.
• Leaving early: You can leave a residential lease after 6 months with 30 days' notice.

Lease types, rooms and shared flats: the whole process, step by step

• Work out which contract you are being offered: main-residence lease, seasonal lease or room contract (The main types of Spanish rental contract; The Spanish rental market and contract map): before you agree to anything

• Check that a seasonal contract states a real temporary reason such as work, study or medical treatment (Seasonal contracts and when they are legal; Student and short work-period rentals of three to eleven months): before you sign

• If you are renting a room, read the term, notice and deposit clauses, because the contract decides them (Renting a room: how the rules differ): before you sign

• If several of you share one lease, check whether the contract makes everyone liable for the whole rent (Sharing one lease: joint liability): before you sign

• Get written landlord consent before subletting, assigning the lease or adding a housemate (Subletting, assigning a lease and adding a housemate): before the change happens

• If there is no written contract, ask in writing for one and pay rent by bank transfer (Renting without a written contract or off the books): as soon as you move in

• On a main-residence lease shorter than the minimum, expect automatic yearly extension: each year until the home has been let for at least 5 years, or 7 years if the landlord is a company

• Leave a main-residence lease early by giving notice: after 6 months, with 30 days' notice

• If a housemate wants to leave a shared lease, agree it with the landlord and everyone else in writing; otherwise the leaver stays liable (Shared flat contracts: who is liable when a housemate leaves): before the housemate moves out

• Ask for your deposit back after handing over the keys: within 1 month of returning the keys

• Check recent and pending changes to seasonal and room rental law (What is changing in seasonal and room rental law): before signing or renewing

Documents you may need

Identity and residence

• Your ID
• The owner's written authorisation for you to register on the padrón — Seasonal contracts (contrato de temporada) and when they are legal

Income and work

• Your last 3 payslips — Renting as a couple: what changes, The Spanish rental market and contract map
• An employment contract or a letter from your employer — Renting as a couple: what changes
• Your latest income tax return — Renting as a couple: what changes

The home and the lease

• A signed contract that states the temporary reason for the rental — Seasonal contracts (contrato de temporada) and when they are legal, The Spanish rental market and contract map
• Proof of the tenancy — Renting without a written contract or off the books

Guarantees

• A bank guarantee — Renting as a couple: what changes, The Spanish rental market and contract map

Translations and legal papers

• A sworn declaration — Renting without a written contract or off the books

Other documents

• A document showing you have the right to live in the home — Renting without a written contract or off the books
• A recent utility bill for the home — Renting without a written contract or off the books

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

Lease types, rooms and shared flats: questions that cross several articles

If my contract says seasonal, do I lose my rights?

Not necessarily: a seasonal contract is lawful only with a genuine temporary reason written in it. If you really live there permanently, a court can treat it as a normal housing lease, though that takes legal action. Read Seasonal contracts and when they are legal, then Renting without a written contract or off the books.

Am I liable for the whole rent if my flatmates don't pay?

Usually no, only for your own share, unless the contract expressly says all tenants are jointly liable for the whole. If it does say that, the landlord can claim the full rent and any damage from any one of you. Check the wording, and see Sharing one lease: joint liability and Renting a room: how the rules differ.

Can I leave a shared flat without ending the lease for the others?

Only if the landlord agrees to your leaving, ideally in writing. Without a written release the leaver stays liable, and the others may have to cover the full rent. See Shared flat contracts: who is liable when a housemate leaves and Subletting, assigning a lease and adding a housemate.

Is a verbal rental agreement valid, and does the deposit differ by contract type?

A verbal lease is valid, and either side can demand it in writing. For a main-residence lease the legal deposit is one month's rent; seasonal contracts use a two-month deposit, and rooms follow whichever regime applies. See Renting without a written contract or off the books and The main types of Spanish rental contract.

How do renewal and eviction protection differ between contract types?

A main-residence lease has automatic extensions and can only be ended through a court. Seasonal and room contracts have no statutory renewal, and the contract mostly decides the rest. See The main types of Spanish rental contract and Renting a room: how the rules differ.