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. Since 08-10-26 a let is temporary only if the contract states a real, provable reason for being away from the usual home (the landlord must prove it) and it runs for more than 31 days and, as a rule, no more than 12 months. With no such reason stated, past 12 months without justification, or after more than two consecutive contracts between the same parties for the same home, it is treated as a habitual-home lease from the start (LAU arts. 2.3, 7.2 and 9 bis, Royal Decree-law 29/2026, awaiting validation). Seasonal contracts signed before 08-10-26 keep their old rules until their agreed end, with no extension; a renewal falls under the new rules (LAU transitional provision 8). For a habitual home the LAU 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; registration numbers start VUT, or VFT on older registrations) 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. Separately, since 08-10-26 every rental advert must show the unit’s number or code where one exists, such as a municipal or regional tourist code, and state if the landlord is a large holder (art. 20.2.c and d of Royal Decree-law 29/2026, awaiting validation). 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.
• Reporting to Authorities: RD 933/2021 (24-hour registration through SES.HOSPEDAJES) covers anyone who provides a room or space to sleep in for payment, professionally or not, and names hotels, tourist apartments and similar, which takes in holiday lets. Its definition sets no minimum or maximum stay, and it neither includes nor excludes long-term home leases or temporary lets by name, so take advice before treating a lease as outside it. See guest registration with the police.
• Deposit (fianza): one month’s rent on a residential lease (LAU art. 36). In Andalusia the landlord holds the deposit if the contract is dated 24 January 2026 or later: Ley 5/2025 (DA 6ª) ended lodging with the Junta. For a contract dated up to 23 January 2026 it must still be lodged with AVRA, the Junta’s housing agency, and the landlord asks AVRA for it back on form 810 when the contract ends; AVRA has one month from the request, and the clock stops if it asks for more documents. That month is separate from the interest rule below, which runs from the day the keys come back. Any balance owed to the tenant earns legal interest if it is still unpaid one month after the keys come back (LAU art. 36.4).
• 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 09-11-26.

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). Separately, a habitual-home lease in force on 08-10-26 can be extended at the tenant’s request, by yearly periods for up to two more years and on the same terms, if its art. 9.1 extension ends before 31-12-28, its tacit extension under art. 10.1 or 10.2 ends, or a tacit renewal under Civil Code art. 1566 ends, and the rent is up to date and has been for each of the previous eight months. The landlord must accept unless the parties agree other terms or sign a new lease, they agree a renewal or new lease at a rent at least 5% lower, or the landlord gives notice on the terms of art. 9.3 of needing the home for self or family; that need must be real and proven, even if the lease did not provide for it (Royal Decree-law 29/2026, final provision 5, awaiting validation). If Royal Decree-law 28/2026 is validated, its additional provision 1 coordinates this extension with the new article 10. 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 of 6 October, in force 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 09-11-26. 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). Leases signed before 26-05-23 keep the rules in force when they were signed, except that they can extend under article 10 and their updates are capped under additional provision 11 of the LAU and the new article 18.1 (transitional provision 4 of Ley 12/2023, as rewritten). The decree does not say whether article 18.1 reaches leases signed from 26-05-23 to 07-10-26.
• Maintenance and Repairs: Tenants pay for small repairs caused by ordinary wear (LAU art. 21.4). The landlord must do every repair needed to keep the home habitable, unless the tenant caused the damage (art. 21.1). Since 08-10-26 the tenant can send a written request with a reasonable quote; after 15 calendar days with no response, or on an unjustified refusal, the tenant can do the work and deduct the reasonable, documented cost from future rent (art. 21.5, Royal Decree-law 29/2026, awaiting validation).

4. Legal Documentation and Resources

Ensuring all legal documentation is in order is vital for a hassle-free rental experience. The PropertyList Rentals Module keeps your tenancies, their renewals and maintenance in one place, in the same CRM as your sales pipeline. It does not give legal advice or draft the contract: leave the contract to a lawyer.

5. Finding the Perfect Rental Property

Ready to find your ideal long-term rental in Andalucía? Platforms like Idealista and PropertyList.es list 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.