What if your rent rises or you must move out

Key rules

• Rent update: Your rent can rise only if the contract allows it, and only once a year.
• Rooms and seasonal lets: Room and seasonal contracts have no rent cap and no minimum term, so you can be asked to move sooner.
• Leaving early: You can leave a standard lease after the first 6 months with 30 days' written notice.
• Deposit: A forced move means paying a new deposit while your old one may still be with the landlord.

Can your landlord raise the rent?

Only if your contract says so, and only once a year, on the anniversary of the lease. If the contract has no update clause, the rent stays the same. For a 2024 or 2025 update the cap was 3%. From 2026 the cap follows a new official reference index, so ask your town hall or a tenants' association for the current figure before you accept any increase. Older contracts signed before the 2023 housing law follow their own clause.

Budget for the cap, not for nothing: a capped rise still adds up over several years.

Rooms and seasonal lets: weak protection

If you rent a room, or have a seasonal contract (a let for work or study, not as your main home), the standard protections mostly do not apply. Duration, rent and notice follow whatever you signed. There is no five-year minimum and no cap on rent rises, so the landlord can ask for more or end the let sooner.

A landlord must prove the seasonal reason. If they cannot, a court may treat the contract as a standard lease. Only a court decides that, so do not count on it in your budget. Rules can also differ by region.

Plan for the shorter, less certain stay: keep savings for a move and read the notice clause before signing.

Leaving on your own

On a standard lease you can leave once the first 6 months have passed, with 30 days' written notice. Your contract may ask for compensation of one month's rent per remaining year of the minimum term, in proportion for part years. Check for that clause.

The minimum term is 5 years with an individual landlord and 7 years with a company. You can also stop the yearly automatic extension with 30 days' notice before the term ends.

What a forced move costs

Add these up before you need them:

• A second deposit. A new home needs a new fianza of one month's rent. The landlord may also ask for an extra guarantee of up to two months' rent on top.
• Your first deposit may be tied up. The landlord has 30 days from the day you hand back the keys to return it, then it earns legal interest. In practice it often takes 1 to 3 months, and a dispute over damage can take several months in court. Do not plan to use it for the next deposit.
• Agency fees. For a standard home let, the landlord pays the agency, not you. If you are charged anyway, you can ask for a refund.
• Moving. Price depends on hours, volume and access. Stairs without a lift and long carrying distances push it up. Man-and-van services cost less than full-service movers. Get at least three quotes.
• Overlapping rent. Notice periods can mean paying two homes for a while.

If the landlord keeps your deposit, send a formal demand first, then file a civil claim. Small sums use a simple procedure.

If you are facing eviction for unpaid rent

Eviction must go through a court. Once you receive a claim, you have 10 days to pay what you owe and stop it, or to oppose it. After that come a hearing, a judgment and a set date. In practice the whole process takes roughly 6 to 12 months or more, longer in big cities.

Do not ignore the claim. If your household is vulnerable, ask your social services office about a suspension. Rules on suspensions change often, so check the current position with them.

The checklist, timeline and questions below cover the steps and deadlines.

Timeline and deadlines

• Wait out the first stretch of your lease before giving notice to leave: for the first 6 months

• Give notice to stop the automatic yearly extension: at least 30 days before the end of the term

• Hand over the keys and ask for your fianza back: on the day you leave

• The landlord must return the fianza: within 30 days of you handing over the keys

• Send a formal demand, then file a civil claim, if the deposit is not returned: after the 30 days have passed

• Expect the deposit to arrive in practice: usually 1 to 3 months after the keys

• Pay the overdue rent to stop an eviction claim, or oppose it: within 10 days of the claim

• Expect a court eviction for unpaid rent to finish: roughly 6 to 12 months or more from the claim

Checklist

• Check that your contract has a clause allowing a yearly rent update before you accept any increase.

• Check that the increase is no more than 3% if it falls in 2024 or 2025, or follows the official reference index from 2026.

• Check that the update comes once a year, on the anniversary of your lease.

• Get at least three quotes from moving companies, including a cheaper man-and-van option, for your studio or one-bedroom flat.

• Ask each mover about stairs without a lift and long carrying distances, because these raise the price.

• Pay a legal response within 10 days if you receive an eviction claim for unpaid rent, or oppose it.

Frequently asked questions

How much deposit can a landlord ask for on a home rental?

A landlord must ask for a fianza (legal deposit) of one month's rent, and may add an extra guarantee of up to two months' rent on top. The landlord has to lodge the fianza with the regional body. Room rentals and seasonal lets still follow the one-month deposit rule.

How long does a landlord have to return my deposit?

The landlord must return your fianza within 30 days of you handing over the keys. After that, the amount earns legal interest. If nothing arrives, send a formal written demand, then file a civil claim; small sums use a simple procedure and need no lawyer up to a set amount.

Do I have to pay the letting agency fee when I move?

No, the landlord pays the agency fee and the costs of drawing up the contract when the landlord is an individual or a company engaged in rental. This has been the rule since 26 May 2023. If you were charged anyway, you can claim the money back.

Am I protected if I rent a room or have a seasonal contract?

Only weakly: room rentals and seasonal lets mostly follow the contract and the Código Civil, with no 5-year minimum and no cap on rent updates. A landlord must prove the seasonal reason, or the contract can be treated as a standard lease with full protection.

How long does an eviction for unpaid rent take?

An eviction for unpaid rent usually takes roughly 6 to 12 months or more, and longer in big cities. You can pay within 10 days of the claim to stop it, or oppose it. Vulnerable households can get the eviction suspended for months.