El blog de Maria

Forget all worries when renting in Spain.

We are explaining applicable rules for the renting of urban properties intended for housing or uses other than housing as this is the criteria, ( an not number of months) which decide between different applicable law.

What does housing rental means?

It means the rental of a habitable building which main purpose is to satisfy the permanent need of housing of the tenant

Does same law apply to storages or garages?

Yes, it does. Rules governing the renting of housing will be also applied to furniture, storage, garages and any other rooms, rented spaces or services rented as accessories of the property by the landlord.

What does Renting for use other than housing means?

It means that the destination of the rental is not the permanent need of housing of the tenant.

For instance: Seasonal contracts, or those held to carry out an industrial, commercial, craft, professional, recreational, assistance , cultural or teaching activity in the property whoever are the people carrying them out.

Is there an obligatory regime applicable when renting my house?

Renting of housing will be governed by the agreements, clauses and conditions decided by the will of the parties, under the provisions of Urban Rental Act and complementarily, by the provisions of the Civil Code.

Renting for use other than housing are governed by the will of the parties, failing that, by the provisions of the Rental Urban Act and, complementarily, by the provisions of the Civil Code.

This means that free will is restricted or limited in regards to housing rentals but not in regards to rentals for other than housing.

Parties can agree on exclusion of specific aspects of law, if possible, in an express way.

Can parties agree on submitting conflict to arbitration? 

Parties will be able to agree the submission to mediation or arbitration of those disputes which because of their nature can be solved by these forms of conflicts solution, in accordance with the provisions of the legislation governing the mediation in civil and commercial matters and arbitration.

Is email communication possible when renting?

Parties will be allowed to indicate an email address for the purpose of making notifications under this law, as long as it is guaranteed the authenticity of the communication and its contents and it remains reliable evidence of the whole remittance and receipt and of the moment when they were done.

What types of rentals are not regulated by the Urban Rental Act?

1. Housings that doormen, guards, salaried employees, employees and civil servants, are assigned on the basis of the position they hold or the service they provide.
2. Military housings, regardless of their qualification and regime, which will be governed by the provisions of its specific legislation.
3. Contracts in which, renting a property with house-room, it is the agricultural, livestock or forestry use of the land, the main purpose of the renting. These contracts will be governed by the provisions of the law applicable on rural renting.
4. The use of university housings, when they have been expressly qualified as such by the University, owner or responsible of them, that are assigned to students enrolled in the University and to the teaching and administrative staff and services dependent of it, because of the link established between each of them and the respective University, to which will correspond in each case to establish the rules to which their use will be subject.
5. The temporary transfer of use of the whole housing furnished and equipped for immediate use, marketed or promoted in touristic offer channels and carried out for profit, when it is subject to a specific regime, derived from its sectorial regulations.

A street in Priego, Cuenca, Castilla-La Mancha, Spain