What fine can a landlord face for charging more than the maximum rent?
In Catalonia, setting a rent in the tenancy agreement above the maximum for the stressed residential market area (“zona tensionada”) is an infringement of the Catalan housing act. It is serious if the difference from the maximum rent is 30 % or less and very serious if it is greater. The fine does not prevent the tenant from recovering what was overpaid, because that part of the rent is void. The “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, on the other hand, does not fine landlords.
Alburquerque Abogados
José Manuel AlburquerqueWhat is penalised
The Catalan housing act, amended several times in 2025 and 2026, penalises the following conduct relating to rents:
- Setting, in the tenancy agreement for a home subject to rent control, such as those in stressed residential market areas, a rent above the maximum allowed. It is serious if the difference is 30 % or less and very serious if it is more. For example, if the maximum is 1.000 euros a month, agreeing 1.200 would be serious and agreeing 1.500, very serious.
- Failing to state in the advert or offer for the flat the maximum rent or, where applicable, the rent under the previous tenancy, stating a higher figure than the correct one or failing to say that the owner is a large-scale landlord (“gran tenedor”). This is serious.
- Failing to record in the tenancy agreement the maximum rent or large-scale landlord status, or stating a higher maximum rent than the correct one. This is also serious.
- Charging the tenant fees, expenses or services that were not charged under the previous tenancy of the same flat or room. In principle, since July 2026 this has been very serious.
- Passing on to the tenant letting agency or contract formalisation costs when the tenant is not liable for them. This is very serious.
- Failing to state the purpose of the tenancy in the agreement, or stating a false one, for example to pass off as temporary a tenancy that is in fact for a permanent home. This is very serious.
How it is detected and who imposes it
The fine is imposed by the Catalan authorities after processing a file on the case. The amount depends on whether the infringement is serious or very serious. The authorities have the means to detect overcharging. When the statutory deposit (“fianza”) is lodged with the “INCASÒL”, the Catalan public body that holds tenancy deposits, the tenancy agreement must be registered together with the reference price document. That data can be cross-checked against the data for the previous tenancy of the same flat. The tenant can also report it to the authorities.
In addition to the fine
The part of the rent above the maximum is void. The tenant can claim back what was overpaid even if the landlord has already been fined, because the fine does not replace repayment. Before suing, the law requires an attempt at negotiation.
The Spanish urban tenancies act, the LAU, does not fine landlords. Its new penalty regime, dating from October 2026, is aimed only at short-term rental platforms.
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.