What are the legal requirements for long-term renting in Andalucía?

Are you considering renting a property long-term in the beautiful region of Andalucía? Whether you’re a tenant or a landlord, understanding the legal landscape is crucial to ensure a smooth and compliant rental experience. Let’s explore the key legal requirements and resources available to help you navigate long-term renting in Andalucía.

1. Understanding Long-Term Rental Contracts

In Spain, long-term rental contracts are known as “contratos de arrendamiento de vivienda.” These contracts, for a tenant’s permanent home, are governed by the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos) whatever their stated length; what makes a let seasonal instead is its purpose, not its duration. This law gives tenants a minimum term of five years (seven where the landlord is a company), offering stability and security.

Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos.

2. Essential Legal Requirements

To legally rent a property long-term in Andalucía, both landlords and tenants must adhere to several key requirements:

• Registration and Licensing: no regional rental licence is needed for a standard long-term residential lease in Andalucía. The Junta’s tourist accommodation registration (RTA, commonly the VFT) applies to holiday and short-term lets only. The national rental registration number that Real Decreto 1312/2024 required was annulled by the Supreme Court in May 2026, so it is no longer a condition for advertising. Confirm any municipal requirements with your Ayuntamiento.
• First Occupation License (Licencia de Primera Ocupación): The building’s occupation title, showing it may be lived in; for buildings finished since the 2021 planning law (LISTA) it is a declaración responsable de ocupación filed with the town hall, and Andalusia has no cédula de habitabilidad.
• Reporting to Authorities: a long-term residential lease does not have to be reported to the police or the Guardia Civil. The 24-hour traveller-registration duty (RD 933/2021, through SES.HOSPEDAJES) applies to holiday and tourist stays, not to a tenant living in the property as their home. Seasonal lets sit in between and are decided by the purpose of the let, so take advice. See guest registration with the police.
• Deposit (fianza): one month’s rent on a residential lease (LAU art. 36). Since 24 January 2026 Andalusian landlords no longer lodge it with AVRA (Ley 5/2025, DA 6ª) and hold it themselves; deposits lodged before that date still follow the AVRA return procedure. Return it within one month of the keys coming back.
• Notice: to stop the contract renewing, the landlord must give at least four months’ notice and the tenant at least two (LAU art. 10). If Royal Decree-law 28/2026 is validated, it replaces article 10 on 15-11-26: six months’ notice from the landlord (two from the tenant), tacit renewal for successive five-year periods (seven if the landlord is a legal person), and compensation to the tenant when the landlord does not renew, except in the cases of the new article 10.2 (for example an individual landlord who needs the home for self or close family). For leases already running, the new article 10 governs expiries after 15-11-26, a landlord may give four months’ notice if under six months remain on 15-11-26, and a lease already in its yearly tacit extension stays on the old rule until that extension ends. Royal Decree-law 28/2026 still has to be validated by Congress. Checked against the BOE on 08-10-26.

3. Tenant Rights and Obligations

Tenants in Andalucía have specific rights and obligations under the Spanish Urban Leases Act:

• Minimum term and renewal: A residential lease has a minimum term of five years where the landlord is an individual and seven where the landlord is a legal person; if a shorter term is agreed, the lease is extended year by year up to that minimum unless the tenant gives 30 days’ notice that they do not want to renew (LAU art. 9). After the minimum term the lease renews yearly for up to three more years, unless the landlord or the tenant gives the notice described above (LAU art. 10; Royal Decree-law 28/2026 is due to change this from 15-11-26, if it is validated). Commercial leases have no statutory minimum term: it is whatever the parties agree.

• Rent Increases: once a year, by the update clause in the contract. Residential updates follow the IRAV reference index published by the INE rather than the CPI, as they have since January 2025. Article 18.1, now worded to name the IRAV (Royal Decree-law 29/2026, 08-10-26), allows an update only as the parties expressly agree and never above the change in the IRAV; with no express agreement there is no update. For updates that fall due between 08-10-26 and 31-12-27, no increase applies if the rent is above the applicable maximum price limit (the decree does not say how this limit works for homes outside a declared stressed zone); otherwise the increase is whatever the parties agree, or at most 2% if they agree nothing (sixth final provision of the same decree). The decree does not say how this fits with article 18.1, under which there is no update without an express agreement and none above the IRAV. The decree still has to be validated by Congress. Checked against the BOE on 08-10-26. The decree does not say whether the new article 18.1 reaches leases signed before 08-10-26, and leases signed before 26-05-23 keep the rules in force when they were signed (transitional provision 4 of Ley 12/2023, as rewritten). Andalucía has declared no stressed market zones, so the rent caps of the 2023 Housing Law do not operate here. Since 08-10-26 some limits in Royal Decree-law 29/2026 do not depend on a declared stressed zone: the update rule in article 18.1 is not limited to stressed zones; for temporary lets the LAU caps the annual increase on successive contracts at the change in the IRAV (article 17.8); for any let of separate rooms it limits the combined rent to the rent of the whole home (article 17.9). The decree does not say whether the new article 18.1 reaches leases signed before 08-10-26, and leases signed before 26-05-23 keep the rules in force when they were signed (transitional provision 4 of Ley 12/2023, as rewritten).
• Maintenance and Repairs: Tenants are responsible for minor repairs and maintenance, while landlords must handle major repairs to ensure the property remains habitable.

4. Legal Documentation and Resources

Ensuring all legal documentation is in order is vital for a hassle-free rental experience. PropertyList.es has guides on the rental rules for estate agents and landlords. Additionally, PropertyList.es offers training and support. We always recommend using a reputable lawyer to help you with the legalities.

5. Finding the Perfect Rental Property

Ready to find your ideal long-term rental in Andalucía? Platforms like Idealista and PropertyList.es offer extensive listings of houses and flats available for long-term rent. These platforms provide detailed property descriptions, high-quality images, and neighbourhood insights to help you make an informed decision.

Conclusion

Navigating the legal requirements for long-term renting in Andalucía doesn’t have to be daunting. By understanding the key regulations, ensuring all documentation is in order, and utilizing the resources available, you can enjoy a smooth and compliant rental experience. Whether you’re a tenant looking for your next home or a landlord seeking to rent out your property, PropertyList.es is here to support you every step of the way. Happy renting!

Disclaimer: This blog provides general information about the legal requirements for long-term renting in Andalucía. It is not legal advice. For specific legal guidance, please consult a qualified legal professional.