El blog de Maria

Renting a home: principal residence, is one of the most important decisions we make, and signing a contract is a crucial step. But did you know that not all the clauses proposed to you are legal? In Spain, the Urban Leases Act (LAU) and the Civil Code protect tenants from certain abusive conditions.

It's essential that, before signing, you examine every point closely. An abusive clause can lead to unexpected problems and expenses in the future. Here are some of the most common ones to watch out for:

Clauses often considered abusive:

• Waiver of the mandatory contract extension: The LAU establishes a minimum duration for rental contracts (currently 5 years for individuals and 7 for legal entities, if the contract was signed from March 2019 onwards, with annual extensions until these terms are met). Any clause that forces you to waive this right is null and void.

• Obligation to pay for unagreed improvement works: As a tenant, you're responsible for ordinary maintenance and minor repairs. However, improvement works that haven't been expressly agreed upon or that serve to improve the habitability of the home are, generally, the landlord's responsibility.

• Demand for a security deposit higher than legally allowed: The law states that the legal security deposit is one month's rent. Although additional guarantees (such as bank guarantees or deposits) can be requested, these have limits and cannot replace the legal security deposit.

• Imposition of disproportionate penalties for early termination: If you decide to leave the property early, the LAU allows the landlord to receive compensation, but this is usually limited to one month's rent for each year remaining on the contract, prorated for shorter periods. Excessive penalties can be abusive.

• Prohibition from registering at the property (empadronamiento): It's a fundamental right of the tenant to be able to register at the property they inhabit. Any clause preventing this is null and void.

• Obligation to pay expenses that belong to the landlord: The law establishes which expenses correspond to each party (for example, IBI or community fees are usually the landlord's responsibility, unless expressly and clearly agreed otherwise). A clause that makes you pay expenses that are not legally yours can be abusive.

• Waiver of the return of the security deposit for non-payment of rent or utilities: The security deposit is intended to cover damages or losses the tenant may cause to the property, as well as unpaid rent or utilities. You cannot waive its return in advance.

What to do if you find an abusive clause?

1. Don't sign the contract as is: Negotiate with the landlord or agency to remove or modify the clause.

2. Get informed and seek advice: If you have doubts, consult with a lawyer specializing in real estate law or with a consumer association. They can tell you if the clause is truly abusive and what steps to follow.

3. If you've already signed: Not all is lost. Abusive clauses are null and void by law, meaning they are considered as if they were never written, even if they appear in the contract. You could challenge them legally.

Your peace of mind and legal security come first. Don't rush into anything, and defend your rights as a tenant!

As part of our educational outreach, our law firm will identify any abusive clauses in your contract and explain them to you free of charge. Contact us, and we’ll locate those clauses and propose amendments within 24 hours.

Have you had any experience with abusive clauses in rental contracts? Tell us your case in the comments! 👇