In Spain, rising rent prices and a tight housing market are putting many tenants in difficult positions, and landlords are sometimes taking advantage. Thousands have protested across Madrid and Valencia, demanding rent caps and stricter rules on tourist rentals. Against this backdrop, the OCU (Organisation of Consumers and Users) is offering tenants guidance on dealing with contract abuses.
The OCU reminds tenants that the maximum allowable rent increase for 2024 is capped at 3% of the current contract price. According to Enrique García, Head of Communications at OCU, landlords must give tenants at least one month’s notice of any rent adjustment. “If a landlord tries to impose a higher increase, the tenant is under no obligation to pay it,” García explains. Tenants can simply calculate and pay the legal limit.
Some landlords attempt to pressure tenants into accepting illegal hikes. In cases like this, García recommends that tenants document any “harassment actions” from the landlord. These may be useful if legal action becomes necessary. He explains that such behaviour can sometimes qualify as “real estate harassment,” which can lead to criminal charges.
When the landlord tries to change terms outside the contract
Sometimes, landlords may attempt to alter the conditions of tenancy without updating the contract. For example, a landlord may suggest converting the shared living room into an extra bedroom to rent to another person, boosting their income. García advises tenants to always refer back to the contract. If the contract stipulates access to certain spaces, the landlord must respect this.
“If your lease clearly states the shared areas or occupancy limits, you can insist on these terms,” García says. Since there is no national standard for rental terms, landlords may attempt changes, but they must still maintain habitable conditions for all tenants.
Maintenance and repairs
Another common issue for tenants is landlords neglecting repairs. The OCU advises tenants to make repair requests in writing. If the repair is urgent, tenants should communicate this formally. If the landlord remains unresponsive, they may proceed with the repair and deduct the cost from the rent. García stresses that written documentation is essential to protect tenants’ rights.
Changing flatmates? Update the contract
When sharing a rented property, it’s common for flatmates to come and go. García explains that if a tenant leaves, the contract should be updated to reflect the change. Otherwise, this could create a chance for the landlord to negotiate a higher rent. “Adding a clause in the lease stating that rent will remain the same if tenants change can prevent this,” García advises.
As rental prices rise, the OCU urges tenants to know their rights and take preventive steps to handle potential landlord issues. Keeping contracts clear, documenting all interactions, and understanding legal limits on rent increases can help tenants protect themselves in Spain’s challenging rental market.
Also read: The escalating rental crisis in Spain