Is a verbal tenancy agreement valid?

Question

José Manuel Alburquerque · Accepted Answer

Yes. A residential tenancy agreed verbally is valid and gives the tenant the same protection as a written one. Either party can require the other to put it in writing and, since 8 October 2026, doing so is compulsory if the tenant asks. If no term was agreed, it is taken to be one year, which the tenant can extend year by year up to five, or up to seven if the landlord is a company or other legal entity. The problem is proving what was agreed, which usually hurts the landlord more. What the law says A verbal agreement is as binding as a written one. The law has said so expressly since 8 October 2026, but this was already the case before. If the tenant asks for it to be put in writing and the landlord refuses, the agreement is still valid, although the refusal may have administrative consequences for the landlord. If you are the tenant, make the request by a means that leaves a record, such as a “burofax” (a certified letter with proof of content). The statutory deposit (the “fianza”) of one month's rent is also compulsory in a verbal agreement. In Catalonia it must likewise be lodged with the “INCASÒL”, the Catalan public body that holds tenancy deposits. The minimum term, the extensions and the tenant's other rights are the same as under a written agreement. How to prove what was agreed If a disagreement arises, what was agreed will have to be proved. The following, for example, can be used: Bank transfers of the rent, with a reference that identifies them. Receipts. The landlord must give a receipt for each payment, unless it has been agreed that payment will be made by a means that already leaves a record, such as through the bank. Messages and emails between the two parties. The tenant's registration at the home on the municipal population register (the “padrón”) and utility bills in his or her name. Why it is advisable to put it in writing Without a written agreement, the landlord usually loses out more, because he or she is left without: The possibility of recovering the home before the five years are up so that the landlord or a first-degree relative, such as a child, can live in it. The law requires this to be stated in the agreement. The agreement that the tenant pays the service charges (owners' association fees), which is only valid if it is in writing and states their annual amount. The annual rent update, which does not apply if it cannot be proved that it was agreed. In Catalonia, the certificate of habitability (“cédula de habitabilidad”) and the official document showing the reference rent must also be attached to the agreement. The agreement is entered in INCASÒL's register together with the deposit. These obligations are designed for a written agreement, so a landlord who lets verbally will find it hard to comply with them and is liable to a fine.