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What is an abusive clause in a Spanish rental contract?

An abusive clause violates the Ley de Arrendamientos Urbanos (LAU) or consumer law. Under Article 6 LAU, clauses that modify legal rules to the tenant's detriment are null and void, even if you signed them. Common examples: deposits over 1 month, bans on early termination, and temporada contracts disguised as long-term leases.

Can my landlord ask for a 2-month deposit in Spain?

No. For a main home (vivienda habitual), LAU Article 36 limits the deposit to exactly 1 month of rent. Additional guarantees are capped at 2 further months, so deposit plus guarantee can never exceed 3 months in total.

What is the "temporada" contract trick?

A temporada (seasonal) contract is only for genuinely temporary use. Some landlords label ordinary long-term rentals as temporada to strip your LAU rights. If you live there as your main residence, it is vivienda habitual regardless of the label, and all LAU protections apply.

Can I leave my rental before the contract ends?

Yes. Under LAU Article 11 you can terminate after 6 months with 30 days written notice. Compensation, if expressly agreed, is capped at one month of rent per remaining contract year.

How much can my landlord increase the rent each year?

Annual updates are limited to the IPC or the applicable legal index (LAU Article 17). Any clause allowing bigger increases is null.

Who pays for repairs in a Spanish rental?

The landlord pays for everything needed to keep the home habitable (structure, plumbing, electrics, heating). The tenant only covers small wear-and-tear repairs (LAU Article 21).

When must my landlord return my deposit?

Within 1 month of you handing back the keys. After that it accrues legal interest (LAU Article 36.4).

Can my landlord enter the apartment without permission?

No. Entry requires your express consent each time (LAU Article 35 and constitutional protection of the home). "Periodic inspection" clauses are abusive.

What should I do if my contract has abusive clauses?

Do not sign; ask for the clauses to be removed citing the specific LAU article. If you already signed, the clauses are null and unenforceable, and you can defend your rights in court or with a formal demand letter.

How does the contract check work?

Paste or upload your contract text. It is scanned against 31 verified rules from the LAU, consumer law (TRLGDCU) and court rulings. You see a free preview of how many issues were found; the full clause-by-clause report with legal basis and Spanish negotiation scripts unlocks for €49.

Spain Rental Contract Review: Check Abusive Clauses

See a real rental contract analysis

Flagged risks in plain English

CLÁUSULA SÉPTIMA.- FIANZA. A la firma del presente contrato, la parte arrendataria entrega, en concepto de fianza legal, la cantidad equivalente a TRES (3) mensualidades de renta, conforme al artículo 36 de la Ley 29/1994. CLÁUSULA OCTAVA.- La parte arrendadora se reserva el derecho de realizar visitas periódicas al inmueble. CLÁUSULA NOVENA.- DURACIÓN. El contrato se pacta por UN (1) año, transcurrido el cual quedará automáticamente resuelto…

3 findings

Deposit above the legal maximum

RISK

A 3-month fianza is being requested. The legal deposit for a main home is 1 month (Art. 36 LAU); extra guarantees are capped at 2 more. You may be overpaying.

Landlord entry clause too broad

CHECK

“Periodic visits” without your express consent conflict with your right to quiet enjoyment. Ask for “with prior written consent”.

One-year term still protects you

FAIR

The LAU extends your right to stay to 5 years at your option (Art. 9), regardless of the 1-year wording.

Analysis complete, 3 points reviewed against Spanish law.

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