Zembelo Guidemarbella Renting Journey

Rental Contract

Renting Journey — Step by step

What are my rights as a tenant in Spain? The rental contract is your shield, but only if it matches your actual living situation.

Never sign a 'Seasonal' contract if you intend to live in the property as your primary home. to review your lease terms.

The 6-Month Break Clause

By Spanish law (LAU), long-term tenants can terminate their contract after 6 months by giving 30 days' notice, regardless of what the contract says. The landlord can charge a small 'desistimiento' penalty, but they cannot force you to pay for the full year if you need to leave.

The Deposit (Fianza)

In Andalucía, your 1-month 'Fianza' must be lodged with AVRA (a government body). This protects your money from being 'spent' by the landlord. Always ask for proof of this deposit (Modelo 806) to ensure you get your money back when you leave. Review our contract guide for more safety tips.

and protect your legal interests.

Advisor Insight

"Insist on an English translation, but remember the Spanish version is the only one that carries weight in court."

What usually happens

  • Review the inventory annex (the most common source of future conflict)
  • Verify the landlord's ID against the 'Nota Simple' to ensure they actually own the place
  • Sign digitally or in person and receive all sets of keys
Timing
Week 4
People
Tenant, Landlord, Lawyer (Optional)
Cost

Prepare

    Risks

    • Signing a 'seasonal' contract when you are actually living there full-time

    Contract & Rights Checklist

    • Review inventory annex before signing
    • Verify landlord ID against 'Nota Simple'
    • Ensure fianza is lodged with AVRA
    • Check LAU-compliant notice periods
    Legal review

    Expert Q&A

    No, not if it is your permanent home (vivienda habitual). The new owner 'inherits' your contract and must respect it for at least 5 years (or 7 if the owner is a company).
    You can terminate the contract after 6 months with 30 days' notice. If you leave before 6 months, you might be liable for the rent of the entire remaining period up to the half-year mark.
    It means it's your permanent home. This classification gives you strong legal protection. Never sign a 'seasonal' (temporal) contract if you actually plan to live there full-time.
    The landlord pays for everything regarding habitability (e.g. broken boiler or leaking pipes). You pay for minor wear-and-tear items (lightbulbs, filters) or damage you've caused.
    Yes, in Andalusia, the 'fianza' (1 month) must be lodged with AVRA. Ask for proof (Modelo 806). This is your guarantee that the money is safe when you move out.