Spanish Rental Contracts: Length, Rent Increases and Leaving Early
Spain's tenancy law, the LAU, sets minimum terms, notice periods and limits on rent updates. Two decree-laws from October 2026 change parts of it; here is where things stand.
A Spanish lease for your permanent home lasts at least five years, or seven with a company landlord, even if the contract says one year. The rent can rise once a year, only if the contract allows it and never above the IRAV index. You can leave after six months with 30 days’ notice.
Which law applies to your rental?
Leases of a home you live in permanently (arrendamiento de vivienda habitual) fall under the Spanish tenancy law, the Ley de Arrendamientos Urbanos (LAU). Many of its protections cannot be waived in the contract, so a clause that gives you fewer rights than the law is void.
The law changed twice in October 2026. Real Decreto-ley 29/2026, in force since 8 October 2026, added rules on temporary leases and early exit. Real Decreto-ley 28/2026 changes renewals from 15 November 2026. A decree-law must be confirmed by Congress shortly after publication or it lapses; two earlier decrees on the same subject were overturned in this way in 2026. As of November 2026, the consolidated text on the BOE includes both decrees; check it again for the version in force on the day you sign or give notice.
How long does a rental contract last?
| Stage | Private landlord | Company landlord |
|---|---|---|
| Minimum term (automatic yearly renewals at the tenant’s choice) | 5 years | 7 years |
| Tenant ends a yearly renewal | At least 30 days’ notice before the end of the year | |
| Landlord gives notice at the end of the minimum term | 4 months before (6 months from 15 November 2026 under RDL 28/2026) | |
| Tenant gives notice at the end of the minimum term | 2 months before |
The term counts from the contract date, or from the day you got the keys if that came later. A contract with no stated length counts as one year, renewable in the same way.
A private landlord can recover the flat after the first year only if the contract stated at signing that they or close family might need it as a permanent home. They must give at least two months’ notice explaining the reason. If nobody moves in within three months, you can ask to return or claim compensation.
What happens when the minimum term ends?
Under the rules in force until 14 November 2026, if neither side gives notice in time, the contract continues for up to three more years, one year at a time, and you can leave at the end of any year with one month’s notice.
From 15 November 2026, RDL 28/2026 replaces that with renewals of five years (seven with a company landlord). A landlord who chooses not to renew must give six months’ notice and pay compensation: the higher of twelve monthly payments at the top of the state reference price range for the flat, or one month per year you lived there. No compensation is due in listed cases, such as the landlord needing the flat for close family, the tenant not living there, or the tenant refusing a fair new contract. Contracts already in a tacit extension continue under the old rules until that period ends.
Two extraordinary extensions also exist on the tenant’s request. In a stressed market zone, which includes Barcelona, you can ask for yearly extensions of up to three years on the same terms. Tenants in a certified situation of social vulnerability can ask for one extra year, which large landlords must accept.
How much can the rent go up each year?
The rent can only be updated on each anniversary of the contract, and only if the contract includes an update clause. Without one, the rent stays the same. When there is a clause, the increase cannot exceed the yearly change in the IRAV (Índice de Referencia para la Actualización Anual de los Contratos de Arrendamiento de Vivienda), published by the national statistics institute, INE. The landlord must notify the increase in writing, stating the percentage, and it applies from the following month.
The starting rent of a new contract in Barcelona is a separate question, limited by Catalonia’s rent cap. See how rent control works in Barcelona.
Can you leave the flat early?
Yes. Once the contract has run for six months, you can end it by giving the landlord at least 30 days’ notice. Since RDL 29/2026 took effect on 8 October 2026, the law says this early exit does not give the landlord a right to compensation. Some older contracts include an early-exit penalty clause; whether it still applies to you depends on the decree being confirmed and on its transition rules, so get advice before paying it.
- Check that six months have passed since the start date.
- Send notice in a form you can prove, such as a burofax or an email the landlord acknowledges, stating your leaving date.
- Arrange a handover with photos and a signed record of the keys and meter readings.
- Ask for your deposit back; our guide to rental deposits in Barcelona covers the deadlines.
What about temporary and room contracts?
A temporary lease (arrendamiento de vivienda temporal) is for tenants away from their usual home for a justified reason, such as work or study. Under RDL 29/2026, it must last more than 31 days and, as a rule, no more than 12 months. If it runs longer without a temporary reason, or more than two temporary contracts follow each other between the same parties for the same flat, the first one counts as a permanent-home lease with all the protections above. Tenants on a temporary lease can leave after one month with ten days’ notice.
Bottom line
Before signing, read the update clause and the start date, and check that the landlord is correctly described as a person or a company, because that decides if your minimum term is five or seven years. With the law in flux this autumn, date-stamp every notice you send or receive and check the BOE text on that date; for a dispute, talk to a lawyer or a tenants’ advice service.
FAQ
Can a landlord evict me when the flat is sold?
No. Under article 14 of the LAU, the buyer takes over the landlord’s rights and obligations for the first five years of the contract, or seven if the previous landlord was a company. Ask for advice if a new owner asks you to leave early.
Is a one-year contract legal in Spain?
The contract can say one year, but for a permanent home you can keep renewing it yearly up to the five- or seven-year minimum.
Does the landlord need my consent to raise the rent?
The update must be agreed in the contract. If there is no clause, the landlord cannot impose a yearly rise.
