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THE COSTA DEL SOL, EXPLAINED

Know the agreement before the keys change hands

Review a Spanish tenancy through occupation, parties, dates, payments, condition, repairs and privacy, with current official sources and practical checks.

7 minute read · Archive date · About dates

Fuengirola coastline and buildings viewed from above
Fuengirola coastline and buildings viewed from above · José Luis Filpo Cabana · 2018 · Image credits

At a glance

A tenancy agreement should make everyday obligations clearer before the keys change hands. It needs to identify the home, the parties, the occupation and the money, but it also needs to fit the law applying to that arrangement. A polished document can still contain a misunderstanding about the purpose, dates or responsibilities.

This guide helps tenants and owners prepare a useful review. It does not supply a standard Spanish contract or decide whether a disputed clause is enforceable. The research date is 27 October 2026, when recent national amendments and their transitional provisions need particular care.

Classify the occupation before choosing a template

Explain the actual housing need and intended use to an independent adviser. Ordinary housing, temporary housing, tourist accommodation and other arrangements should not be treated as interchangeable merely because the same property can be advertised in several ways.

The Urban Leases Act is a primary national source. Its October 2026 text should be read with the amending provisions and the agreement's date, rather than assuming every older summary remains suitable.

Use the temporary-rental guide and holiday-rental guide when those uses are proposed. A label chosen by the parties does not remove the need to assess the underlying facts.

Identify the people and their authority

Check the landlord, tenant and any authorised representative. Establish who may sign and who may receive payments. An intermediary arranging a viewing should not automatically be treated as the owner or as authorised to hold money.

If several tenants or owners are involved, ask how their rights, obligations and communications will work. Do not assume that one person's departure or signature automatically settles the position of everyone else.

The rental-scams guide explains practical checks before paying. Keep identity verification separate from asking for unnecessary personal information, and use a proportionate secure process.

Describe the home and everything included

Record the unit, rooms and any parking, storage or other space included. Clarify shared areas, furniture, appliances and services. A portal listing should not remain the only record of a feature central to the agreement.

Use an inventory and starting-condition record with photographs where appropriate. Identify existing defects and outstanding work rather than relying on a general statement that everything is in good order.

The handover guide sets out the practical evidence. Signing an inventory should be an informed acknowledgement of what it records, not a reason to overlook a problem that has not been inspected.

Separate the dates you are discussing

Identify signature, occupation, rent commencement, agreed term and any other important date. Ask how extensions, notice, renewal and early departure operate under the correct regime. These are different questions from whether the keys can be collected on a convenient day.

The October stability decree states a 15 November 2026 entry into force. At this guide's research date that is a future date; publication should not be mistaken for immediate application of every new provision.

Read ending a tenancy before relying on an end-date calculation. Ask a qualified adviser to confirm the applicable provisions and transition for the actual contract and proposed action date.

Build a complete payment schedule

List rent, due dates, payment method, deposit, additional security and any other proposed amounts. Ask what each payment covers and whether the term is permitted for the arrangement. Separate a recurring charge from money held as security.

Check proposed charges for utilities, community expenses, administration and other services. A clause stating that the tenant pays everything should not replace a review of the actual allocation and legal position.

Use the deposit guide and rent-review guide. The initial price, later update, additional expense and deposit reconciliation should remain separate parts of the file.

Understand the proposed rent-review clause

Ask whether an update has been expressly agreed, when it may occur and which lawful mechanism and limit apply. Do not assume the rent can be raised at any time or that a newspaper inflation figure is the relevant index.

The official INE rental-update information provides index context, while the current law and transitional position still matter. Keep the source, reference period and calculation with any later notice.

A tenancy should not rely on a live percentage typed into a template without its date and basis. This website gives no automatic increase for your agreement and no claim that a current index alone establishes entitlement.

Make repairs and access workable

Identify how problems are reported, which contact responds and how necessary visits are arranged. Distinguish maintenance, damage, urgent work and proposed improvements. A blanket allocation can conceal issues that need a closer legal and technical assessment.

Read repairs and maintenance and ask about the current provisions for the actual occupation. The October framework includes relevant changes, so avoid importing an old clause without checking it.

Explain privacy and access arrangements clearly. Ownership does not make the occupied home an unrestricted inspection space. Practical cooperation should be organised in a way that respects the tenant's rights and the legal requirements.

Review restrictions against intended daily life

Discuss the actual needs around occupants, visitors, pets, work, shared facilities and proposed alterations. Have important restrictions reviewed rather than discovering a conflict after moving in or assuming that every clause is enforceable simply because it is printed.

Where the property belongs to a community, request the relevant practical rules and check their relationship with the tenancy. A pool schedule or building access instruction is a different question from permission to change the dwelling's use.

Keep any agreed exception or clarification in the approved written record. An informal promise from someone who is not responsible for the contract may be difficult to rely on later.

Check the evidence and language before signing

Allow time to read the complete document and attachments. Ask for an explanation of the legal effect where necessary, rather than relying only on a short translated summary or the assumption that the form is standard.

Check version control when terms change. The signed copy should include the schedules, inventory and agreed amendments you reviewed. Keep a complete copy for each party and an accurate record of payments already made.

If an important question remains unanswered, identify it before signature. An urgent move date or several interested applicants should not become a substitute for understanding the commitment.

Plan the end while the relationship is straightforward

Agree the practical process for notices, inspection, key return, readings and the final account, while obtaining advice about the mandatory rules. Do not use a general final-account clause to assume that every deposit deduction will be justified.

Ask what evidence will show the property's condition and which payments remain outstanding. The ending guide and inventory guide help organise those tasks separately from deciding legal entitlement.

Retain records securely for appropriate purposes and periods. The privacy guide explains why a tenancy file should be controlled rather than shared freely among everyone involved in management.

Use a review list before commitment

  • Confirm the actual occupation, applicable regime and relevant dates.
  • Verify the parties, property and authority to contract or receive money.
  • Understand all payments, update terms and security arrangements.
  • Record condition, repair reporting, access and important restrictions.
  • Keep the approved agreement, attachments and receipts together.

Download the rental worksheet to keep questions and evidence organised. A useful agreement supports an ordinary working relationship because both sides understand what has been promised and what still needs professional clarification.

Archive date: · Assigned archive dates explained

Prepared by Costa del Sol Property Guide · Sources researched · Updated

Prepared with AI assistance and source research. No independent legal, tax or surveying review. Read the standards · Report a possible correction