Rental contract and landlord notice wording in Spanish

Terms used

• Fianza — The fianza is the legal security deposit a tenant pays the landlord at signing, returned at the end of the lease.
• Preaviso — The preaviso is the advance written notice one side must give the other to end or not continue a lease.
• Burofax — A burofax is a postal service that proves the content and delivery date of a letter.
• IBI — The IBI is the yearly property tax on a home.
• Derrama — A derrama is an extra charge the owners' community votes for major or unplanned works.
• Desahucio — Desahucio is eviction from a home through the courts.
• Lanzamiento — The lanzamiento is the physical removal of a tenant from the home on a court-set date.
• Requerimiento de pago — A requerimiento de pago is a demand to pay overdue rent.

Key rules

• Fianza: For a home lease the fianza is one month's rent, and the landlord must deposit it with the regional body.
• Notice: Send every notice in writing, usually by burofax, and keep the receipt.
• Court eviction notice: A court notice gives you 10 working days to pay, oppose or leave.
• Community costs: You pay community charges or IBI only if the contract says so in writing with the yearly amount.

Lease length and extensions

A home lease can run for any length the two sides agree. If it is shorter than five years, it extends by itself year by year, at your choice, until you reach five years. The limit is seven years if the landlord is a company. This applies to home leases signed after 6 March 2019. Older contracts may follow earlier rules.

After that comes the prórroga tácita: the lease renews for one-year periods, up to three years, unless one side gives notice that it will not continue.

The landlord can take the home back earlier only if the contract says they may need it for themselves or a relative, and only after the first year.

Fianza: the deposit

The fianza is the legal deposit you pay at signing. For a home it is one month's rent. For a non-residential lease, such as a shop or a seasonal let, it is two months.

The landlord must pass it to the regional housing body and may not keep it. Ask for written confirmation that they have done so. Deposit procedures and deadlines differ by region.

When the lease ends and you hand back the keys, the fianza comes back to you. If the landlord waits more than one month, it earns legal interest.

A landlord may ask for an extra guarantee, such as a bank guarantee or deposit, up to a maximum of two months' rent. This applies to leases of up to five years (seven for company landlords). The fianza itself is not updated during those first years, and is adjusted afterwards.

Preaviso: notice

Preaviso is advance written notice. Send it in writing, usually by burofax, and keep the receipt. The date it arrives matters.

• Leaving early (desistimiento): after the first six months, give the landlord 30 days' notice. The contract can ask for compensation of one month's rent for each year remaining, in proportion for part years. It can do so only if it says so. Look for this clause before you sign.
• Ending the lease at the end of its term: the landlord must give 4 months' notice and you give 30 days.
• During the yearly tacit extension: the landlord gives at least 4 months' notice and you give at least 2 months.

Community costs, IBI and derrama

The gastos de comunidad are the running costs of the building. IBI is the yearly property tax. By default the owner pays both. The contract can make you pay them, but only in writing and with the yearly amount stated. Later rises are limited to the yearly update agreed in the lease.

Water, electricity and other metered services are yours.

A derrama is an extra charge the owners' community votes for major or unplanned works. It stays with the owner unless your contract says otherwise. Check every clause on costs before you sign.

Eviction words

• Desahucio: eviction.
• Requerimiento de pago: a demand to pay overdue rent.
• Lanzamiento: the physical removal from the home, on a date set by the court.

A burofax demanding rent is a private letter. It is not an eviction and has no court force. It does show the landlord may go to court.

A court notice comes after the landlord files a demanda de desahucio. You then have 10 working days to do one of three things: pay everything owed, oppose the claim giving reasons, or leave.

Paying in full within that time ends the case. This works only once, and not if you got a prior demand 30 days earlier. If you do nothing, the court sets a date for the lanzamiento.

If you are in a vulnerable situation, you can ask social services and the court to suspend the process. Recent rules add vulnerability checks and may add a negotiation step before court. Read any court notice the day it arrives and get a lawyer, legal aid or social services help straight away.

The timeline, checklist and warnings below put these steps in order.

Timeline and deadlines

• Pay the fianza to the landlord: when you sign the lease

• Stay in the home while the lease extends yearly: each year until you reach 5 years, or 7 years with a corporate landlord

• Give the landlord written notice if you want to leave early: 30 days' notice, only after the first 6 months

• Landlord gives notice that the lease will not continue at the end of its term: at least 4 months before the end of the term

• Tenant gives notice that the lease will not continue at the end of its term: at least 30 days before the end of the term

• Give notice during the yearly tacit extension: landlord at least 4 months before, tenant at least 2 months before

• Get your fianza back: after you hand back the keys; interest runs if the landlord is more than 1 month late

• Pay, oppose or leave after a court eviction notice: within 10 working days of the court notice

Checklist

• Check that the fianza in your contract is one month's rent for a home lease.

• Ask the landlord to confirm in writing that the fianza will be deposited with the regional housing body.

• Find the preaviso clause and check whether it asks for compensation if you leave early.

• Check whether the contract makes you pay community charges and IBI (the yearly property tax), and that the yearly amount is written down.

• Ask who pays a derrama, the owners' extra charge for major works, before you sign.

• Read any court notice the day it arrives and note the 10 working days to pay, oppose or leave.

• Contact a lawyer, legal aid or social services if you receive an eviction notice.

What to watch out for

• Missing the notice deadline: If you miss the notice period, the lease can extend for another year or you may owe compensation. The tenant needs 30 days' notice to leave after the first 6 months, and 2 months during a yearly tacit extension. Send written notice by burofax well before the deadline and keep the receipt.

• Compensation for leaving early: If the contract says so, leaving early can cost you one month of rent per year remaining, in proportion for part years. Read the early-leaving clause before you sign.

• Ignoring a court eviction notice: If you do nothing within 10 working days of a court notice, a date is set for the physical eviction (lanzamiento). Pay everything owed, oppose with reasons or leave within 10 working days, and contact a lawyer or legal aid immediately.

• Paying late after earlier use of the right to pay: Paying in full within the 10 working days (enervación) ends the eviction only the first time. It does not work if you used it before or the landlord sent a demand 30 days earlier. Do not rely on paying late again; get legal advice at once.

Frequently asked questions

Where does the landlord have to put my fianza?

The landlord must deposit your fianza with the regional housing body, not keep it. The body depends on your region, for example INCASÒL in Catalonia. If the landlord is more than 1 month late returning it after you hand back the keys, it earns legal interest.

Can I be asked for more than one month of fianza?

Yes, a landlord can ask for extra guarantees such as a bank guarantee or deposit, up to a maximum of 2 months' rent on top of the fianza. This limit applies to leases of up to 5 years, or 7 years with a corporate landlord. The fianza itself is not updated during that period.

Who pays a derrama on a rented home?

The owner normally pays a derrama, which is an extra charge from the community of owners for major or unplanned works. The tenant pays it only if the contract says so. Ordinary community charges can pass to you only if agreed in writing with the yearly amount stated.

Does a burofax demanding rent mean I am being evicted?

No, a burofax demand for unpaid rent is a private demand with no court force. Eviction starts only when a court notice arrives after the landlord files a claim. Then you have 10 working days to pay, oppose or leave, so seek a lawyer or legal aid straight away.