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What it is

Rules for renting homes and business premises in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 14 February 1994. Introduced by: Gobierno.

Official title: Government bill on Urban Leases.

Follow this law

Source: Congreso de los Diputados, file 121/000041· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law distinguishes between leases of homes (for permanent residence) and leases for other uses, such as business premises, second homes or seasonal rentals. Each type has its own rules.
  2. Home leases have a minimum term of five years through mandatory annual extensions, and afterwards can be extended up to three more years if neither party objects.
  3. The rent is freely set by the parties, but during the first five years it can only be updated each year according to the change in the Consumer Price Index.
  4. If the tenant dies, certain people who lived with them (spouse, partner, descendants, ancestors, siblings or people with a disability) can take over the lease following an order of priority.
  5. The tenant of a home has a right of first refusal if the landlord sells it: they can exercise the tanteo within thirty natural days and the retracto if they were not properly notified of the sale.
  6. A security deposit is mandatory: one month of rent for homes and two for other uses. Autonomous Communities may require it to be deposited with the regional administration.
  7. Lawsuits about leases are always heard by the Court of First Instance where the property is located, and the parties may agree to use arbitration.
  8. Older contracts, signed before May 9, 1985, are adapted gradually: inheritance-based takeovers are limited and the rent can be updated in stages depending on the tenant's income.

Who it affects

  • Landlords of homes: They must accept mandatory extensions up to five years, cannot collect more than one month in advance, and have clear rules for updating the rent.
  • Tenants of homes: They gain stability with a five-year minimum, can take over the lease in cases of death or divorce, and have a right of first refusal if the home is sold.
  • Tenants of business premises: Their lease is governed mainly by what they agree, and in some cases they can receive compensation if they must leave the premises.
  • People with contracts predating 1985: Their contracts gradually adapt to the new law, with limits on takeovers and a staged system for updating the rent.

Words worth knowing

Prórroga obligatoria (mandatory extension)
The duty to continue the lease in annual periods even after the agreed term ends, unless a party objects in advance.
Subrogación (takeover of the lease)
When a person takes the tenant's place in the contract, for example when the tenant dies.
Tanteo y retracto (rights of first refusal)
Tenant rights to buy the home before others: the tanteo, when notified of the sale, and the retracto, when not properly notified.
Fianza (security deposit)
Money the tenant gives when signing the contract as a guarantee, returned at the end if there are no debts.
Enervar la acción (curing the default)
When the tenant stops an eviction for non-payment by paying what is owed before the trial.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced14 February 1994Someone registers the text in the Congreso.
  2. Admitted15 February 1994The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Feb 199411. 14 February 1994: Presentación22. 15 February 1994: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Presented before in:

Published in the BOE: Law 29/1994, of November 24, on Urban Leases.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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