Posted in: Civil Law
Many tenants in Spain receive messages from their landlord informing them that the rent will increase. Sometimes the increase is lawful, but in many cases it exceeds the limits imposed by Spanish law.
When tenants refuse to pay the higher rent, they are often threatened with eviction.
At Molina Solicitors, we frequently receive enquiries from tenants who are worried that refusing a rent increase will lead to eviction proceedings. In most cases, tenants have stronger legal protection than they realise.
This article explains when a landlord can legally evict a tenant in Spain and whether refusing a rent increase can justify eviction.
Rent Increases in Spain Are Strictly Regulated
Under Spanish law, rent increases are not automatic. A landlord may only increase rent if:
If these conditions are not met, the tenant is not legally obliged to accept the increase.
If a landlord demands a rent increase that exceeds the legal limit or is not permitted by the contract, the tenant may legally refuse to pay the increased amount.
In practice, the tenant can simply continue paying the correct rent stated in the contract, including any lawful update according to the permitted index. Refusing an unlawful rent increase does not automatically place the tenant in breach of the contract.
In Spain, eviction proceedings usually occur for one of two main reasons:
If the tenant stops paying rent entirely, the landlord may initiate eviction proceedings for non-payment.
However, if the tenant continues paying the correct contractual rent, the situation is different.
If the rent increase demanded by the landlord is not legally valid, the tenant cannot normally be evicted simply for refusing to pay the higher amount.
A tenant signs a rental contract with a monthly rent of €850, including a clause allowing annual updates.
In the following year, the landlord informs the tenant that the rent will increase to €950 per month, representing an increase of nearly 12%.
However, the legal limit for that year allows only a 3% increase.
This means the maximum lawful rent would be €875.50.
If the tenant continues paying €875.50 and refuses to pay €950, the tenant is complying with the law.
In these circumstances, eviction for non-payment would normally fail because the tenant is paying the legally correct rent.
Although refusing an unlawful rent increase does not normally justify eviction, there are situations where eviction may still be possible.
Most residential rental contracts give tenants the right to remain in the property for five years (or seven years if the landlord is a company).
Once this period expires, the landlord may decide not to renew the contract and recover possession of the property.
If a tenant refuses to pay even the lawful amount of rent, the landlord may start eviction proceedings.
If they use other methods to try to evict however the tenant can call the police.
Eviction may also occur if the tenant breaches other important contractual obligations.
Unfortunately, some landlords attempt to pressure tenants into accepting higher rent by threatening eviction.
Common tactics include:
In many cases these statements are not legally accurate. Understanding your legal rights can help prevent unnecessary disputes.
If a landlord demands a rent increase that seems excessive, tenants should consider the following steps:
1. Review the rental contract
Check whether the contract contains a clause allowing rent updates.
2. Check the legal limits
Ensure that the increase complies with the current legal index or government cap.
3. Request clarification
Ask the landlord to confirm in writing how the increase has been calculated.
4. Seek legal advice
If the landlord threatens eviction or continues demanding an unlawful increase, professional legal advice may be necessary. A legal letter can often resolve matters quickly and effectively.
If you are facing a dispute regarding a rent increase or eviction, obtaining legal advice at an early stage can help protect your rights and avoid unnecessary legal problems.