Your rental questions answered.
Clear answers to help you prepare, with links to detailed guidance.
Does a rental agent’s insurance protect my deposit?
Professional liability cover is not automatically deposit protection. Ask who is insured, which activities the policy covers and how claims are handled. If someone promises protection for money held on your behalf, request the separate terms explaining exactly what is protected and by whom.
How can I check whether a rental reservation payment is protected?
Request written terms identifying the recipient, purpose, refund conditions and any named guarantee provider. Check whether the agency holds the funds or passes them to the landlord. Do not assume professional membership or liability insurance amounts to a guarantee that every reservation payment will be returned.
Can tenants be charged agency fees when renting a home in Spain?
For tenancies governed by the LAU housing provisions, management and contract formalisation costs cannot be passed to tenants, directly or indirectly. Ask for an itemised payment schedule and an explanation of any optional service. Check the applicable tenancy rules rather than relying only on the contract’s label.
Do new rental deposits still have to be lodged with the Junta de Andalucía?
For contracts concluded from 24 January 2026, Andalucía no longer requires administrative lodging of the fianza. Earlier contracts remain subject to the previous requirement. Tenants still owe the statutory fianza under the LAU; keep a receipt and written terms covering who holds it and its return.
What does a nota simple tell me about a rental property?
A nota simple gives information about the registered property, ownership and registered rights or restrictions. It does not replace checks on the home’s condition, applicable occupancy documentation or suitability for your intended tenancy. Compare it with the property and contract, and ask about any unexplained differences.
What should I expect from a professional rental agent?
Expect clear information about their role, services, charges, document handling and complaints process. Ask what checks they have completed and get important promises in writing. If they claim professional membership, verify the named body and current status rather than assuming a course certificate proves membership.
What should I check in a Spanish rental contract?
Check the tenancy purpose, duration, renewal and exit terms, rent updates, payment breakdown, repair arrangements and inventory. Record agreed repairs in writing. Make sure you understand the wording and obtain independent advice where needed; a signed clause is not automatically valid just because an agent included it.
Can I complain if my rental agent is not a Colegio member?
Yes. In Andalucía, consumer complaints about an agency can use the official complaints process regardless of Colegio membership. Keep a factual timeline and supporting evidence. Colegio procedures may provide an additional route for members, while a dispute with a private landlord may require a different approach.
How do I verify a Spanish property agent’s credentials?
Ask for the exact qualification or membership, the issuing organisation and any reference number. Verify the claim directly with that body. Check training, current professional membership, regional registration where relevant and insurance separately; evidence of one does not automatically establish the others.
General information. Requirements depend on the property’s location, tenancy and contract date.