How and how far in advance must notice of a rent increase be given?

In writing, stating the percentage being applied. A note on the previous month's rent receipt is also valid. If the tenant asks for it, the tenant must be given the certificate from the “INE”, Spain's national statistics institute, showing the index. The law does not require any advance notice, but the new rent can only be charged from the month after the notice. If notice is given late, the earlier months are lost.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

What the notice must say

  • That the rent is being updated under the clause in the agreement, on the anniversary of the tenancy.
  • The index and the month used, which is the latest one published on that date.
  • The percentage and the resulting rent. Until 31 December 2027, without a new agreement, the increase cannot exceed 2 % or the IRAV, the index that the INE publishes for these increases. If the rent exceeds the maximum value that the state reference rent system gives for that home, there is no increase.

Send it by a means that leaves a record that it arrived and of what it said, such as a “burofax” (a certified letter with proof of content) or an email with acknowledgement of receipt. What the law requires is not a burofax but written notice stating the percentage. The burofax or the acknowledgement only serves to prove it. Without that notice, collecting a higher rent by direct debit is not enough to require payment of the increase.

When to send it

The practical approach is to give notice in the month before the anniversary, when the relevant index has already been published. An example:

  • The anniversary of the tenancy is 1 November 2026. On that day, the latest IRAV published is September's, at 2,54 %, which the INE published on 14 October.
  • Without a new agreement, the increase is at most 2 %.
  • If written notice is given in October, the new rent is payable from November.
  • If notice is given on 10 November, it is payable from December and November is left without the increase. That difference cannot be claimed later.

Whoever receives the notice can check the percentage on the INE website, where the IRAV is published every month.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.