Spanish rental agreement form: free template

Whether we are owners of a house we want to rent in Spain, or we are going to use a rented property, we'll need to use a rental contract form to include all the conditions necessary to formalise it and have some security for the duration that the property's transfer.

Who a rental contract is for

As we have said, the rental contract is of great importance to both the lessor and the lessee. More specifically, though, the rental contract serves:

• Homeowners who regularly lease their homes as a permanent residence. 
• Owners of commercial premises meant to house commercial activity. 
• Homeowners who want to rent their properties for purposes of tourism, such as through Airbnb or similar platforms. 
• Individuals who lease their permanent residence.
• Companies whose commercial establishment is leased.
• Tourists who rent homes to stay during their visit to a city. 
• Owners and tenants of parking spaces. 
• Lessors and lessees of motor vehicles or machinery. 

These are the most common users, but there are as many types of contracts as there are assets that can be rented. Each has its own particularities. 

Parts of the rental contract

All the clauses the two parties agree to may be included in the rental contract, but there are a few required sections that must be included to comply with current legislation. 

The required sections of a rental contract are: 

• The parties involved in the rental contract. They are the lessor and the lessee. The full name and number of the identification document that each party uses, as well as other useful information, shall be included. 
• The reason for the rental. This section will identify the property rented and specify the use or purpose of the rental. The energy efficiency certificate shall also be included. 
• Terms and conditions of the rental contract. Some of the points that fall within these conditions are:

• Regulation. Applicable rules, such as the Urban Rental Act (LAU). 
• Purpose and delivery of possession. The property is specified, as is its delivery to the renter for use. 
• Duration and extension. The duration of the contract is established; if it is a permanent residence, it may not be less than five years for individuals or seven years for companies and may be extended for up to three more years. For rural rentals, the contract has a duration of five years and may be extended for another five years. 
• Recovery of the property. When use of the property will be returned to its owner and under what conditions. 
• Withdrawal. The period during which it is possible to withdraw from the signing of the contract. 
• Rent and updating. The monthly amount to be paid and the increases that will be implemented in subsequent years. 
• Expenses and services. The expenses associated with the rental and who will pay for each of them. 
• Deposit and guarantees. The amount to be paid by the tenant as a security deposit and the guarantees required. 
• Conservation and works. Responsibility for maintaining the property and the tenant's right or lack thereof to carry out works is established. 
• Transfer and subletting. Whether it's allowed or not. 
• Termination of the contract. Reasons why the rental contract will end. 

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The rental contract is the document where all the conditions of the rental are set forth, so it is therefore of great importance. It serves a host of lessors and lessees, and it should include some minimum data, such as identifying the parts and the property or the duration, as well as the terms and conditions that will govern the rental.

Click to download Rental contract form in Spain: free template.

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