Residential lease basics (LAU)
For your main home
| Item | Figure |
|---|---|
| Minimum term (main home)7 if the landlord is a company; tenant renews yearly at their option | 5 years |
| Tenant can leave afterWith 30 days’ written notice | 6 months |
| Legal deposit (fianza)Landlord lodges it with the regional government | 1 month’s rent |
| Extra guaranteesOn standard long leases | max. 2 months |
| Agency feesSince the 2023 Housing Law | Paid by landlord |
| Annual rent riseCheck the reference index in force when you sign | Capped by index |
Summary only. The contract date and the law in force at signing govern your lease.
Residential vs seasonal contracts
If the home is your main residence, it is a residential lease under the LAU, whatever the contract is called. A seasonal (temporada) contract is for temporary stays — a winter let, a work posting. Landlords sometimes use seasonal contracts to avoid the five-year term; if you are living there permanently, ask a lawyer.
The deposit
The legal deposit is one month’s rent for housing, and the landlord must lodge it with the regional government. Extra guarantees are capped on standard long leases. Photograph everything at check-in and keep an inventory.
Registering on the padrón
Your rental contract lets you register on the municipal padrón, which you need for healthcare, schools and many residency steps.