If my tenancy agreement says nothing about rent increases, can my rent go up?
If your tenancy agreement was signed on or after 6 June 2013, no, because without an express term the rent is not updated. If it says the rent will be updated but not by which index, it is updated in line with the IRAV, the index that the “INE”, Spain's national statistics institute, publishes to cap these increases. If it was signed between 1995 and 5 June 2013, the law at the time updated the rent every year in line with the consumer price index (CPI) even if the agreement did not say so. Today that increase is subject to the same caps as the others. Apart from that, your rent can only be increased for improvement works or if you agree.
Alburquerque Abogados
José Manuel AlburquerqueIt depends on when it was signed
- From 6 June 2013 onwards. Without an agreed term, there is no increase. If the agreement provides for the rent to be updated without saying which index, the IRAV is used if it was signed on or after 8 October 2026. If it is earlier, in principle, the index set by the law when it was signed, without exceeding the IRAV.
- Between 1 January 1995 and 5 June 2013. During the first five years, the rent was updated every year in line with the CPI even if the agreement said nothing. After that, as agreed and, if nothing was agreed, also in line with the CPI. Since 8 October 2026 that increase cannot exceed the IRAV and, until 31 December 2027, it cannot exceed 2 % either without a new agreement.
- Before 1995. These agreements have their own rules. Those signed before 9 May 1985 are old-style protected tenancies (“renta antigua”).
Other ways of increasing the rent
- For improvement works, once the tenancy has lasted five years, or seven if the landlord is a legal entity, such as a company, within the limits set by law.
- By agreement with you. You can refuse. If you accept, in principle that agreement cannot be used to get round the caps on the annual increase.
- With a new agreement, when the previous one ends. In a stressed residential market area (“zona tensionada”), one of those declared because of high rents, the new rent cannot exceed the previous one either, except in specific cases laid down by law.
If you have been charged increases that were not due, you can ask for them to be refunded. Do so in writing.
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.