Can the landlord make me pay for rent guarantee insurance?

Question

José Manuel Alburquerque · Accepted Answer

No, if your agreement was signed on or after 8 October 2026. Since that date the law has prohibited requiring the tenant to take out rent guarantee insurance or other similar cover. A landlord who wants to be insured can take out the policy, but must pay for it. In agreements signed before then, a clause obliging the tenant to pay for it remains valid in principle. What the law prohibits Requiring you to take out rent guarantee insurance in your own name in order to let you the flat. Making you pay the premium for the landlord's insurance, including where it is charged to you as a contract expense or under another name. Nor can you be charged the costs of preparing and managing the agreement. The law also prohibits requiring “otras coberturas análogas” (other similar cover), without saying what they are. If you are offered a similar product that you would have to pay for, take advice before signing. What you can be asked for The statutory deposit (the “fianza”) of one month's rent and an additional guarantee within the legal limits, which in most agreements is two months' rent, or one in a temporary residential tenancy. That you have your own home insurance or liability insurance, which is not rent guarantee insurance. Documents about your income. If the landlord has rent guarantee insurance, the insurer usually runs a credit check on the applicant before covering the agreement. The landlord pays for the insurance, but the check is carried out using your data, so you must be told who it is passed to and why. If your agreement is older or you are already paying for it If it was signed before 8 October 2026 and is simply extended, for example year by year until it reaches five years, it keeps its clauses, including the insurance clause. If you sign a new agreement or agree to renew it on new terms, the insurance can no longer be required of you. If, under an agreement signed since that date, you were made to pay for it, that clause is not valid and you can claim back what you have paid. Ask for it in writing. Before you can bring a claim, the law requires an attempt to negotiate.