What should a residential tenancy agreement include?

Question

José Manuel Alburquerque · Accepted Answer

The law requires it to state who is signing it, which home is being let, the term, the initial rent and any other clauses agreed. In Catalonia, the certificate of habitability (“cédula de habitabilidad”), the official document showing the reference rent and, where applicable, the energy performance certificate must also be attached. It can be drawn up between private individuals and is just as binding as one prepared by a letting agent or signed before a notary. The clauses are valid as long as they do not leave the tenant worse off than under the “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act. What it must say and what is worth adding Under the LAU, the agreement must state: Who the landlord and the tenant are. Which home is being let, with its ancillary spaces if there are any, such as a parking space or a storage room. The agreed term. If it is less than five years, or seven if the landlord is a company or other legal entity, the tenant can extend it year by year until that minimum is reached. Temporary residential tenancies have their own rules. The initial rent. Any other clauses agreed. It is also advisable for it to state: The condition of the home when the tenant moves in, with an inventory and photos. It later serves to prove any damage when the tenant leaves. Since 8 October 2026, a document recording the condition in which the home is handed back must also be signed when the keys are returned. If it is not signed or records no damage, the home is presumed to have been returned in good condition unless proven otherwise. Whether and how the rent is updated each year. Without an agreement, it is not updated. Whether the tenant pays the service charges (owners' association fees). That arrangement is only valid if it is in writing and states their annual amount. Whether the landlord wants to be able to recover 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 that possibility to be stated in the agreement. The statutory deposit (the “fianza”) and, if agreed, the additional guarantee. What is specific to Catalonia In Catalonia, the “ley del derecho a la vivienda”, the Catalan housing act, adds these obligations: Stating in the agreement the last rent paid for that home in the previous five years or, where applicable, the maximum rent under the reference rent index. Attaching the official document certifying that rent, the certificate of habitability and, where applicable, the energy performance certificate. The agreement must also refer to both certificates. Recording the purpose of the agreement. If the landlord legally qualifies as a large-scale landlord (“gran tenedor”), stating so. Lodging the deposit with the “INCASÒL”, the Catalan public body that holds tenancy deposits, within two months of signing and entering the agreement in its register of tenancy deposits. If any of this is missing, the agreement is still valid, but the landlord is liable to a fine. Between private individuals It can be signed without intermediaries. It does not need to be registered with the “Registro de la Propiedad”, the Land Registry, although it can be. Since 8 October 2026, if the tenant asks for the agreement to be put in writing, the landlord is obliged to do so. Clauses that leave the tenant worse off than the law provides are not valid, even if they are signed. Since that same date, clauses making the tenant pay the IBI (the local property tax), rent guarantee insurance or compensation for leaving early, among others, can no longer be included. Since then, those rules have also applied to homes of more than 300 square metres or with an annual rent of more than 5,5 times the annual Spanish minimum wage (the “salario mínimo interprofesional”), which were previously governed mainly by what the parties had agreed. If you use a standard agreement, check that it has been updated for the October 2026 reform.