Landlord and tenant in Spain: rights, obligations & tenancy agreement (practical guide)

Landlord vs tenant: rights & obligations guide | BARNES Madrid News

Landlord and Tenant: Why Understanding the Relationship Matters

When signing a rental agreement, both landlord and tenant share the same goal: to use the property with legal security and without conflict. To achieve this, it is essential to understand what each party may request, what they must comply with and how to formalize the rental correctly.

Who is Who?

Landlord
The individual or legal entity who owns the property and grants its use and enjoyment in exchange for a rent payment.

Tenant
The person who rents the property and obtains the right of use for the agreed duration, paying rent according to the contract.

Landlord Rights

Collect rent in the agreed amount and deadlines.
Request guarantees: legal security deposit and optional additional guarantees.
Approve or deny tenant works beyond routine maintenance.
Recover the property at the end of the contract in its original condition (normal wear-and-tear excluded).
Terminate the contract for serious breaches (non-payment, prohibited uses, unauthorized works).

Landlord Obligations

Provide a habitable dwelling and maintain it in proper condition throughout the rental.
Cover structural or conservation repairs not attributable to tenant use.
Respect peaceful enjoyment of the property: no access without permission.
Provide documentation: contract, receipts, payment proof.

Tenant Rights

Use the property under safe and habitable conditions.
Privacy and peaceful possession: landlord may not enter without consent.
Recover the security deposit if no damages or outstanding debts remain.
Protection from eviction: only through legal proceedings.

Tenant Obligations

Pay rent and any agreed utilities or charges on time.
Maintain the property and perform minor repairs due to normal use.
Comply with the contract: residential use, coexistence, community rules.
Report damages or issues promptly to the landlord.

Key Elements of a Rental Agreement

To avoid conflicts, the contract must be clear and complete and include at least:

Identification of landlord and tenant.
Description of the property and annexes (storage rooms, parking spaces, furniture inventory).
Duration: start/end date, legal extensions, notice periods.
Rent: amount, payment method and schedule, updates.
Security deposit and additional guarantees.
Expenses: who pays utilities, taxes, community fees, maintenance.
Repairs: responsibility allocation.
Works and improvements: authorization rules.
Grounds for termination: non-payment, unauthorized subletting, prohibited uses.
Additional clauses: pets, non-smokers, home office, inventory, photographic condition report.

Rent Updates, Security Deposit & Property Condition

Rent updates: only if expressly agreed in writing.
Deposit: returned after deducting outstanding payments or proven damages.
Condition report: inventory + photos prevent disputes.

How to Prevent (and Resolve) Conflicts

Contractual prevention
Detailed contracts with annexes reduce risk: inventory, user manual, energy certificate, last utility bills.

Dialogue & mediation
For issues (leaks, noise, small arrears), prioritise written communication and amicable solutions.

Legal route
If necessary: formal notice → legal proceedings (eviction, breach actions) with professional advice.

Frequently Asked Questions (FAQ)

Can the landlord increase rent mid-contract?
No, unless explicitly agreed. Without a clause, rent remains fixed until renewal.

When may the landlord withhold the deposit?
For non-wear-and-tear damages, unpaid bills, or failure to return the property correctly, with justification.

Can the tenant end the contract early?
Yes, if the contract includes a notice period and possible penalty.

Who pays which repairs?
Landlord: structural & habitability. Tenant: minor use-related repairs.

Can the landlord enter the property?
No, except with consent or a real emergency.

How BARNES Madrid Helps You

At BARNES Madrid, we prepare clear, balanced contracts, detailed inventories, professional checklists and manage incidents efficiently. Whether you are a landlord or tenant, we support you through high-quality rentals in Madrid’s prime districts.

Are you planning to rent or lease out a property in Madrid? Visit us at Velázquez 15 (Barrio de Salamanca). BARNES Madrid.