Rental contract: what to check before signing

Signing a rental contract is one of the most important economic commitments you'll make. The Urban Leases Law (LAU) protects you, but only if you know your rights — and many contracts include clauses that limit them or directly violate the law. This guide explains what to review. And if you have the contract at hand, our tool analyzes it in seconds.

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What our tool analyzes

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Duration and renewals

How long does it really last? Can you leave early?

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Deposit and guarantees

How much can they ask for? Is it within the legal limit?

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Rent update (IRAV)

How does rent increase each year? Is the correct index used per Law 12/2023?

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Works and repairs

Who pays for what? Is the landlord illegally transferring their obligations?

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Termination causes

Can they evict you early? With what notice period?

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Unfair clauses

We detect the most frequent ones under the TRLGDCU.

General information. Not legal advice.

Minimum duration under the LAU

For standard residential rental contracts signed by individuals, the Urban Leases Law (Law 29/1994, as amended by Law 12/2023) guarantees a minimum duration of five years. If the landlord is a legal entity (company or corporation), the minimum term extends to seven years.

After that minimum period, the contract automatically renews annually for up to three additional years (tacit renewal), unless either party communicates their intent not to renew with the legally required notice.

Notice periods are asymmetric: the tenant must communicate their departure at least 30 days before the end of the term, while the landlord must give at least four months' notice if they don't want to renew at the end of the mandatory period, or two months if the contract is already in tacit renewal.

Deposit: how much can they charge you

The LAU establishes that the mandatory legal deposit is one month's rent for primary residences. This amount must be deposited with the corresponding regional authority. Any clause that attempts to pass this cost to the tenant or that waives the deposit receipt is null and void.

In addition to the legal deposit, the landlord may require additional guarantees (bank guarantee, additional deposit), but these are capped at a maximum of two months' rent for contracts up to five years. Exceeding this limit is a legal violation. The total legal maximum between deposit and additional guarantees is therefore three months' rent.

Rent update: goodbye CPI, hello IRAV

Since May 2023, Law 12/2023 establishes that residential rental contracts must use the Housing Rental Reference Index (IRAV) or similar capped indexes for rent updates, replacing the CPI, depending on the signing year and whether the landlord is a large property owner.

Warning: if your contract is recent and updates rent using the CPI without applying current legal caps (3% in 2024, new index in 2025), or imposes fixed percentages higher than the law allows, it might contain an unfair clause. We recommend obtaining legal review to confirm the regime applicable to your contract.

Frequently asked questions

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