The most common legal disputes between landlords and tenants in Spain

Renting a property in Spain is, in most cases, a positive experience for both landlords and tenants. Agreements are entered into with good intentions, and many tenancies run their course without any serious problems. That said, there are certain issues that tend to come up more often than others, particularly where people are unfamiliar with how Spanish rental law works.

Being aware of these situations isn’t about expecting problems, but about knowing what’s normal, what the law says, and when it may be helpful to get advice from an English-speaking Spanish solicitor. If you’re having issues with your landlord or tenant and you’d like to speak to a member of our expert team, simply give us a call on UK +44 (0)203 137 1320 or USA +1 646 751 8496. Alternatively, you can start a chat with us via WhatsApp or fill out our contact form, and we will get back to you as soon as possible.

With that in mind, here are five areas where landlords and tenants in Spain most often have questions or need clarification.

Late or missed rent payments

Questions around rent payments are probably the most common issue that comes up during a tenancy. This doesn’t always mean rent isn’t being paid at all. More often, it involves late payments, temporary cash-flow issues, or uncertainty about what is actually included in the rent, such as community fees or certain utilities.

In some situations, tenants may be tempted to withhold rent if repairs haven’t been carried out or if they’re unhappy with the property’s condition. While that reaction is understandable, Spanish law generally doesn’t allow rent to be withheld without following a specific legal process, and doing so can create problems for tenants later.

For landlords, the key is acting promptly but calmly if payments fall behind. Spanish law sets out clear steps that can be taken, but timing and correct communication matter. Addressing issues early, before arrears build up, often makes resolution much simpler. Where things start to feel unclear or uncomfortable, speaking to an English-speaking Spanish solicitor can help clarify the options available and avoid unnecessary escalation.

Ending a tenancy

Tenancies in Spain can end for many legitimate reasons. A tenant may be relocating, buying a property, or simply reaching the end of an agreed term. Landlords, on the other hand, may need the property back for personal use or plan to sell.

The confusion often arises around notice periods and timing. Spanish rental law sets out specific rules on when and how notice must be given, and these don’t always align with what people expect based on their experience in other countries. Questions also come up around early termination, particularly when circumstances change unexpectedly.

Getting the process right from the outset helps make sure the tenancy ends smoothly, without tension or last-minute disputes. Clear communication and a good understanding of the law surrounding this can make a big difference for both parties.

The security deposit

The return of the security deposit is one of the most common topics of discussion at the end of a tenancy. From a landlord’s perspective, the deposit offers reassurance that the property will be returned in good condition. From a tenant’s point of view, it’s money they naturally expect to receive back promptly upon moving out.

Issues tend to arise when there’s disagreement about what counts as damage versus normal wear and tear, or when deductions are made without a clear explanation. Unpaid utility bills or cleaning costs can also complicate matters.

Spanish law provides a framework here, including expected timeframes for returning the deposit. Having clear inventories at the start and end of the tenancy, along with photographs and written records, makes this process far more straightforward and helps avoid misunderstandings on either side.

Repairs and upkeep

Repairs are a normal part of any tenancy, particularly over longer periods. The main issue is usually not whether repairs are needed, but who is responsible for them and how quickly they should be addressed.

As a general rule, landlords are responsible for major repairs and for making the property remain safe and habitable. Tenants, meanwhile, are expected to handle minor repairs arising from everyday use. The difficulty is that not every situation fits neatly into either category.

Problems can arise when repairs are delayed, when tenants arrange work without permission, or when costs are disputed after the fact. Discussing issues early, keeping everything documented, and agreeing on next steps in writing can help keep things on track and avoid unnecessary frustration.

Rent reviews and contract terms

Rent reviews are another area where questions often come up, particularly following recent changes to housing regulations in Spain. While rent increases are possible in many cases, they must be clearly permitted in the contract and carried out in accordance with current legal limits.

Disagreements tend to arise when increases are applied automatically without checking whether they’re still permitted, or when notice requirements aren’t fully understood. For overseas landlords, especially, keeping track of legislative changes can be challenging.

Taking the time to review the contract properly and make sure any rent updates are handled correctly helps provide certainty for both parties and maintains a positive landlord–tenant relationship.

A practical, preventative approach

Most landlord–tenant issues in Spain don’t start out as disputes. They usually begin as simple questions or misunderstandings that could be resolved with the right information and a bit of guidance.

Clear contracts, open communication, and an understanding of how Spanish rental law works go a long way towards preventing problems. When questions do arise, getting advice early often makes things easier rather than more complicated.

For international landlords and expat tenants, speaking with an English-speaking Spanish solicitor can provide reassurance and clarity, particularly when dealing with unfamiliar legal processes or cross-border situations.

And that’s where we come in. At Gascon Bernabeu, our English-speaking Spanish solicitors work with landlords and tenants across Spain, offering clear, practical advice focused on prevention and resolution rather than conflict.

If you’d like to discuss your situation, we offer free, no-obligation consultations. You can contact us via the form on our website, email info@gbabogados.co.uk, or call +44 (0)20 3137 1320, and a member of our team will be happy to assist.