The Trustee

No More Tenant Fees in Spain? Understanding Spain’s Housing Law in 2025

Since May 2023, Spain’s new Law for Housing Rights has introduced a significant shift in the rental market by banning real estate agencies from charging tenants commission or fees. This change means that tenants are no longer subject to additional monthly fees, which were previously common and subject to VAT in many areas.

As a result, many real estate agencies have already adjusted to the new rules, and now most rental listings clearly state that the commission will be paid by the landlord. While the majority of agencies are expected to comply with the new regulation, there may still be a few attempting to find legal loopholes to continue charging tenants.

Tenant Protections Under Spain’s New Housing Law

Some agencies have been known to force tenants into contracts for additional services after lease signing. While tenants can pay for these services voluntarily, agencies cannot impose them. If you find yourself in this situation, you can exercise your right to withdraw from the contract within 14 days.

In the same way, we can find agencies charging tenants extra "guarantee" payments, which are not refunded at the end of the lease. This practice is unlawful, and tenants should inform the property owner of their legal obligation to refund these amounts.

It is advisable to avoid making cash payments to agencies without receiving proper receipts. This way, you can maintain a clear record of your transactions.

Protecting Your Rights as a Tenant in Spain

If the agency still insists on unlawful charges, submit a written request for a refund of the money paid. You can request a complaint form from the agency. Send this request via certified email or a regular email to create a record of your communication. This written communication can be valuable evidence in potential legal proceedings.

If the agency continues to resist refunding your payment, consider taking legal action by initiating a "proceso monitorio" (a simplified procedure to claim debts) to recover the amount.

Understanding Article 20 of the Urban Leases Act (LAU)

In summary, Article 20 of the Urban Leases Act (LAU), which pertains to general expenses and individual services, has been modified to include a crucial prohibition: charging tenants a rental commission. This means that all real estate expenses are unequivocally the responsibility of the landlord.

Whether you're a tenant seeking added contract security or a real estate agency aiming to ensure legal compliance and mitigate potential liabilities, reach out to UTRUST at info@utrust.es. We're here to protect your rights and provide expert guidance.