Introduction

Creating a residential lease agreement in compliance with Spanish law is essential to avoid litigation, data protection sanctions and problems in eviction proceedings. This template is mainly adapted to Ley 29/1994, de Arrendamientos Urbanos (LAU), the Código Civil and data protection obligations (Reglamento (UE) 2016/679 y Ley Orgánica 3/2018 - LOPDGDD). It contains key clauses on the security deposit (Art. 36 LAU), tenant withdrawal (Art. 11 LAU), maintenance and habitability obligations (Art. 21 LAU) and delivery of the Energy Performance Certificate (Real Decreto 235/2013).

Complying with the law protects both landlord and tenant: it prevents the nullity of abusive clauses, reduces the risk of consumer claims, and facilitates resolution and eviction procedures in case of non-payment or breach.

For a comprehensive lease review checklist covering residential and commercial terms, see our Lease Agreement Review Guide.

What is a residential lease agreement in Spain?

A housing lease agreement in Spain is an arrangement between the owner and the person who rents to use a property as a permanent or habitual dwelling, governed mainly by Ley 29/1994, de Arrendamientos Urbanos (LAU), and supplemented by the Código Civil and applicable regional and European regulations (for example, data protection and energy certification). The contract sets out duration, rent, deposit, maintenance obligations, and conditions for withdrawal and termination.

Why old templates are dangerous (specific risks in Spain)

1. Incorrect deposit: LAU establishes the mandatory cash deposit of one month’s rent (Art. 36 LAU). Some old templates set different amounts or do not distinguish between the deposit and additional guarantees.
   
2. Poorly drafted withdrawal: The tenant’s right to withdraw after six months with 30 days’ notice (Art. 11 LAU) must be correctly reflected; clauses imposing disproportionate penalties may be void.
   
3. Lack of energy certificate: Since Real Decreto 235/2013, the landlord must provide the Energy Performance Certificate to the prospective tenant before the contract is formalized.
   
4. Non-compliant data protection: The processing of personal data (DNI, guarantor agreements, IBAN) requires a lawful basis, information to the data subject and security measures (Reglamento (UE) 2016/679 y Ley Orgánica 3/2018 - LOPDGDD).
   
5. Regional scenarios not considered: Some Comunidades Autónomas regulate deadlines for deposit retention, guarantee indices or temporary measures on the rental market; an old national template may overlook regional obligations (for example, registration of the deposit in certain autonomous registers where applicable).
   
6. Defective rent update clauses: LAU does not impose a national cap, but clauses must be clear (calculation method, periodicity) and not violate transparency rules.
   
7. Eviction and procedure: Eviction for non-payment requires judicial processing according to the Ley de Enjuiciamiento Civil (LEC) and applicable rules; attempts at self-help or clauses allowing evictions without judicial control are void and risky.

What this template includes

• Identification of the parties and object of the contract.
• Minimum duration and tacit renewal in accordance with LAU; withdrawal clause (Art. 11 LAU).
• Rent, payment method, and update clause (CPI or another agreed index).
• Cash deposit: 1 month (Art. 36 LAU) and regulation of additional guarantees (guarantor, rent guarantee insurance) if agreed.
• Inventory/annex of the condition of the property and furniture (handover record and deposit receipt).
• Maintenance and repair obligations (Art. 21 LAU) and rules on works.
• Energy Performance Certificate: obligation to deliver and reference to RD 235/2013.
• Data protection: information clause in accordance with GDPR and LOPDGDD, legal basis, categories of data and recipients.
• Clause on subletting, assignment and use of the property.
• Procedure in case of non-payment and termination of the contract; reference to the judicial eviction route (LEC).
• Use of the dwelling and rules on animals/pets where applicable.
• Clause on notices, signature and records.

Download options

• PDF ready to sign: /downloads/spain-lease-agreement-2026.pdf
• Editable document (Word): available upon request in the same downloads folder.
• Model with optional clauses: annex with alternative wordings (guarantor, rent guarantee insurance, CPI update clause).

Tip: download the editable version if you need to adapt specific conditions (agreed duration, works scenarios, coexistence policies). After editing, scan it in an AI contract review tool.

How to finalize your lease agreement

1. Draft and personalize the template with data (parties, dwelling, rent, deposit and annexes).
2. Attach and deliver the Energy Performance Certificate and prepare a detailed inventory (dated photographs recommended).
3. Deliver the deposit receipt (and, if applicable, register the deposit with the competent regional authority).
4. Complete the data protection clause and obtain consent or the legal basis for processing.
5. Sign the contract and keep copies for both parties; send a copy to the homeowners’ association representative if there are community obligations.
6. Upload the final contract to an AI contract review tool for a last compliance check and recommendations.

Practical notes and recommendations

• Deadline for return of the deposit: LAU (Art. 36) requires return once the amounts to be withheld are determined, but it does not set a single national deadline; common practice and in many Comunidades Autónomas is to return it within one month after the end of the contract. Agree it in writing.
• Interest on the deposit: there is no general national obligation to pay interest; check regional regulations if they apply.
• Prescription: personal actions related to the deposit or its return prescribe in five years (Código Civil, Art. 1964).
• Local measures: review the regulations of the Comunidad Autónoma or City Council (for example, possible measures on housing supply or extraordinary temporal limits).

Related Lease Agreement Templates

• Portugal
• Luxembourg
• France
• Italy
• Netherlands

Frequently asked questions (FAQs)

(See the frequently asked questions section below for detailed answers.)

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