Which Rental Costs in Spain Should Be Covered by Your Landlord in 2026?

Renting in Spain as an expat can feel like navigating a maze of hidden costs. In 2026, Spanish rental laws have evolved to better protect tenants, but many newcomers still overpay for items that should be the landlord’s responsibility. This guide breaks down exactly which costs your landlord must cover, based on current legislation and common lease practices. Whether you’re searching in Madrid, Barcelona, or along the Costa del Sol, knowing your rights saves you money and stress.

1. Agency and Management Fees: Who Pays?

Under Spain’s 2023 Housing Law (Ley por el Derecho a la Vivienda), extended through 2026, the landlord is responsible for paying real estate agency fees when you sign a new lease. This applies to long-term rentals (vivienda habitual). If an agent demands a commission from you, it’s likely illegal. Always confirm in writing. For short-term tourist rentals, however, agencies may still charge tenants, but this is less common. Tip: Ask upfront if any agency fee is included in the contract—if it’s on your side, push back.

2. Repairs and Maintenance: What’s on the Landlord?

Landlords must cover all structural repairs and maintenance that aren’t due to tenant negligence. This includes plumbing issues, electrical faults, heating system failures, and roof leaks. In 2026, the law clarifies that minor wear-and-tear (like paint fading) is also the landlord’s cost if it affects habitability. What you pay for: light bulbs, basic cleaning, or damage from misuse. Always document the property’s condition with photos at move-in. If a repair is urgent (e.g., no hot water), the landlord must fix it within 24 hours. You can deduct costs from rent if they delay unreasonably, but get legal advice first.

3. Community Fees and Utilities: The Fine Print

Community fees (gastos de comunidad) for building services like cleaning, elevator maintenance, and security are usually the landlord’s responsibility unless your lease explicitly states otherwise. In 2026, many landlords try to pass these fees to tenants, but a 2024 court ruling in Madrid reinforced that this is only valid if agreed in writing and proportional. Always check your contract: a clause like “el inquilino asume los gastos de comunidad” means you pay—negotiate it out if possible. Utilities (water, gas, electricity) are your cost unless the landlord includes them in a flat rate. Tip: Ask for a list of past utility bills to estimate your monthly expenses.

4. Furniture and Appliances: Who Replaces Broken Items?

If your rental comes furnished, the landlord must maintain furniture and appliances in working order. A broken washing machine or fridge is their responsibility to repair or replace within a reasonable timeframe (usually 7-14 days). In 2026, new case law emphasizes that “normal use” wear-and-tear doesn’t shift costs to you. However, if you break something through misuse, you pay. To avoid disputes, take a video inventory of all items at move-in. For unfurnished flats, the landlord only needs to ensure the property is in a “habitable condition” (e.g., working bathroom, kitchen sink).

5. Deposit and Legal Fees: What You Must Know

Your deposit in Spain is typically one month’s rent (plus up to two extra months for furnished properties). The landlord must register this deposit with the regional housing authority (e.g., IVIMA in Madrid) within 30 days—failure to do so can result in fines. Legal fees for drafting the lease are always the landlord’s cost. If they try to charge you for a lawyer or notary, refuse. Also, in 2026, landlords are increasingly requiring “garantía adicional” (extra guarantees) like bank guarantees or insurance policies. These are legal but voluntary—negotiate if excessive. Tip: Never pay a deposit in cash; always use a bank transfer for a paper trail.

6. Property Tax (IBI) and Other Taxes: Not Your Problem

The landlord is solely responsible for paying the annual Property Tax (Impuesto sobre Bienes Inmuebles, IBI) and any local taxes like trash collection. You should never see these on your bill. If a landlord includes them in your rent as a separate charge, it’s likely a violation of tenant rights. In 2026, some landlords are embedding these costs into higher rent, which is legal as long as it’s not itemized. Compare your rent to market rates to avoid overpaying. For long-term leases (over 12 months), you also don’t pay any stamp duty (ITP) on the contract—that’s the landlord’s tax.

Frequently Asked Questions

Can my landlord charge me for painting the apartment before I move in?

No. Painting and minor cosmetic updates are considered preparation costs for the landlord, not tenant expenses. If they want a fresh coat, they must pay for it. You are only responsible for repainting if you caused damage beyond normal wear-and-tear.

What if the landlord refuses to fix a broken air conditioner in summer?

Air conditioning is considered a basic comfort feature in many Spanish leases, especially in hot regions. If it’s included in the contract as an amenity, the landlord must repair it within a reasonable time (usually 48-72 hours for urgent issues). You can send a burofax (certified letter) demanding repair and, if ignored, withhold rent proportionally with legal advice.

Do I have to pay the community fee if my lease says I do?

Yes, if the contract explicitly states you assume “gastos de comunidad” and you agreed to it, you are legally bound. However, in 2026, some tenant associations argue this is an unfair clause. You can try to renegotiate at renewal or challenge it if the fee is unusually high (e.g., over 10% of rent). Always get the exact amount in writing before signing.

Is it legal for a landlord to ask for 6 months’ rent as a guarantee?

No. Spanish law limits deposits to a maximum of 2 months’ rent for furnished properties and 1 month for unfurnished. Any extra guarantee (like a bank guarantee) must be voluntary and refundable. Demanding 6 months’ rent upfront is illegal and a red flag—consider reporting to the local housing authority.