Which clauses in a tenancy agreement are not valid even if they are signed?

In a residential tenancy, clauses that leave the tenant worse off than under the “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, are not valid unless the LAU itself allows it. They are treated as if they had never been written, in other words the agreement continues and that clause is struck out. Invalid clauses include, for example, one that prevents the tenant from extending the agreement up to the minimum term, one that makes the tenant pay the letting agent's fees and one that requires more guarantees than are allowed. In agreements signed since 8 October 2026, clauses making the tenant pay the IBI (the local property tax), rent guarantee insurance or compensation for leaving early are not valid either. Others, such as a ban on keeping pets or smoking, are valid.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

Clauses that were already invalid before the reform

  • One that makes the tenant waive the extensions granted by law. A shorter term can be agreed, but the tenant can extend it year by year up to five years, or seven if the landlord is a company or other legal entity.
  • One that requires more than one month's rent to be paid in advance.
  • One that makes the tenant pay the letting agent's fees or the costs of preparing and signing the agreement. This has been the case since May 2023, whoever the landlord is.
  • One that requires, on top of the statutory deposit (the “fianza”), an additional guarantee of more than two months' rent in an agreement of up to five years, or up to seven if the landlord is a legal entity. This has been the case since March 2019.
  • One that shifts onto the tenant the repairs needed to keep the home fit to live in. The tenant is only responsible for minor repairs due to wear and tear from everyday use and for any damage he or she causes. In temporary residential tenancies, since 8 October 2026, even minor repairs are the landlord's responsibility.
  • One that submits disputes to the courts of another city. The competent court is the one for the place where the home is located.

If the landlord is a business that lets property and the tenant is a private individual, the tenant can also rely on the consumer protection rules against unfair terms.

Clauses that have been invalid since 8 October 2026

In agreements signed since that date, the following are not valid either:

  • One that makes the tenant pay the IBI or other taxes on the home, unless the rules governing the tax require the tenant to pay it.
  • One that requires the tenant to take out or pay for rent guarantee insurance or other similar cover.
  • One that requires the tenant to compensate the landlord for leaving early while respecting the statutory time limits, which, where the property is the tenant's main home, are six months into the tenancy and thirty days' notice.
  • One that makes the tenant waive the right to buy the home before anyone else if it is sold, known as the pre-emption right (right of first refusal, “tanteo”, and right to buy back, “retracto”).
  • In a temporary residential tenancy, one that requires an additional guarantee of more than one month's rent.

In earlier agreements, clauses on the IBI, rent guarantee insurance, compensation for leaving early and waiver of the pre-emption right remain valid in principle, if they complied with the rules in force when they were signed. It cannot be ruled out that some of them, especially those on the IBI and the pre-emption right, will end up being challenged in the courts.

Clauses that are valid

Not every clause that restricts the tenant is void. Valid clauses include, for example, those that:

  • Prohibit keeping pets or smoking in the home.
  • Prohibit subletting or assigning the flat. The law already requires the landlord's written consent for this.
  • Require the tenant to have his or her own home insurance or liability insurance, which is not rent guarantee insurance.
  • Make the tenant pay the service charges (owners' association fees), if this is set out in writing with their annual amount.

If you think a clause in your agreement is not valid, take advice before you stop complying with it.

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.