Renting A Room - Any Tenant's Protection?

Tenant’s protection is guaranteed for long term rentals, for ‘uso vivienda’ in the Spanish Urban Lease Law (Ley de Arrendamientos Urbanos or LAU). Status quo in September 2019: 5 years (or 7 if the landlord is a business).

The LAU doesn’t mention renting of single rooms specifically, for clarification of rights and obligations for landlords and tenants in these cases we need to turn to jurisprudence, relevant rulings by the Spanish courts.

The mayority agrees that rental situations where just one room is rented, are not subject to the LAU and therefore this law cannot be applied to these rentals. Instead, the rental is ruled by the rental contract itself, or by defect, the Civil Code, art. 1554 and following).

Although a verbal room lease contract would be valid (although not advisable), it is convenient that it be in writing so that the parties know what rights and obligations it entails, in addition to providing for the duration of the contract.

Since the Urban Lease Law (LAU) does not apply to the lease of a room, the duration of the contract will be as agreed by the parties, without the tenant having the possibility to benefit from the right allowed by the LAU to remain in the lease, at your will, up to 5 years (or 7, see above).

If the room rental contract has been made verbally, the duration of the contract will be as agreed by the parties; In case of discrepancy and unless proof of the aforementioned duration, it will be understood that it is ANNUAL if the rent is paid for years, MONTHLY if it is paid for months and DAILY if it is paid for days.

Does the rental deposit have to be deposited with a government organisation?

In leases subject to the LAU (Urban Leasing Law), the deposit of the bond is mandatory under the provisions of article 36 LAU. Further info HERE.

However, if the regulation of the lease of a room is not subject to the LAU but to the Civil Code, as mentioned before, it is considered that in these cases the deposit of the deposit in the corresponding administrative body according to the Autonomous Region in which the property is situated, will not be mandatory.

However, the landlord may require the tenant of the room to give him a deposit, to respond to the payment of rent or possible damages, the amount he deems appropriate under the principle of freedom of covenants (Article 1255 Civil Code), although this bond will not be deposited administratively.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.