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What to Look Out for When Renting an Apartment in Spain: Complete Guide for UK Expats

Spanish apartment viewing with rental contract and checklist documents

What to Look Out for When Renting an Apartment in Spain: Complete Guide for UK Expats

Renting an apartment in Spain can feel like navigating a minefield if you're not prepared. Between rental scams, hidden contract clauses, confusing Spanish bureaucracy, and unexpected costs, it's easy to make expensive mistakes. This guide walks you through the red flags, common scams, what to check before you sign, and how to protect yourself—so you can find a home you actually want to live in.

The Rental Scam Crisis: Real Threats You Need to Know About

Let's start with the uncomfortable truth: rental scams in Spain are extremely common, and expats are prime targets. Scammers know that UK nationals are often:

  • Unfamiliar with Spanish property market rates
  • In a hurry to secure accommodation
  • Likely to have limited Spanish language skills
  • Trusting of official-looking platforms

Here are the most prevalent scams and how to spot them:

1. The "Phantom Rental" (Non-Existent Properties)

How it works: A scammer copies photos from a real listing (often from Airbnb or Idealista) and creates a fake listing with an attractive price. They pose as the property owner, claim to be abroad (Germany, France, Italy), and pressure you to send a deposit before viewing.

Red flags:

  • Landlord claims to be "out of the country" and can't show the property
  • They ask for payment before any viewing via bank transfer or PayPal
  • Photos look suspiciously perfect or you've seen them elsewhere
  • They insist on a "key courier service" or online key exchange
  • Urgency: "I have multiple offers, decide today"
  • No in-person meeting is possible
  • Price is 20-30% below market average for your area

How to protect yourself:

  • NEVER send money before viewing the property in person. This is non-negotiable.
  • Use Google Images to reverse-search suspicious photos
  • Always insist on meeting the landlord in person at the property
  • Verify the landlord's details—ask for their Spanish ID (DNI) or business registration (NIF)
  • If they won't meet you, walk away

2. The "Bait and Switch"

How it works: The listing shows an attractive apartment, but when you arrive for the viewing, the landlord shows you a completely different, inferior property. They claim the original is "just rented" and pressure you to take this one immediately.

Red flags:

  • Property looks significantly different from photos
  • Landlord is pushy about signing on the spot
  • They discourage you from taking time to decide
  • Photos show a property in better condition than what you're shown

Protection:

  • Always take photos and videos during your viewing
  • Compare them to the listing photos
  • Take time to view multiple properties before committing

3. The "Deposit Vanishing Act"

How it works: You're asked to send a small "holding fee" or "reservation fee" (€50-€200) via Bizum or bank transfer to "secure the apartment." Once paid, the listing vanishes and the scammer stops responding.

Red flags:

  • Payment requested before signing a contract
  • Asked to pay via Bizum (irreversible transaction)
  • "Holding fee" not mentioned in any official documentation
  • Landlord goes silent after payment

Protection:

  • Never pay anything before a signed contract
  • Never use Bizum for rental transactions (no protection)
  • Bank transfers leave a trace—use these if you must pay
  • Only pay after reading and signing a written contract

4. Fake Listings with Real Properties

How it works: Scammers copy photos from legitimate real estate listings and repost them with the same or different addresses. Multiple "landlords" may be advertising the same property.

Red flags:

  • Same photos appear in multiple listings with different addresses
  • Similar listings from different "landlords" with nearly identical descriptions
  • Listing reposted daily (staying at the top of search results)

Protection:

  • Check the same listing on multiple platforms (Idealista, Spotahome, Fotocasa)
  • Search the address on Google Maps and Street View
  • Ask the landlord to meet you at the property—scammers will refuse
  • Request the property's "Nota Simple" (land registry certificate) to verify ownership

5. Identity Theft Setup

How it works: Scammers ask for copies of your passport, NIE, or bank details upfront for "pre-approval" or "background checks." They then use this information to commit identity theft.

Red flags:

  • Requesting sensitive documents before a viewing
  • Asking for passport scans or NIE number "for verification"
  • Suggesting you send documents via unencrypted email or WhatsApp

Protection:

  • Never send personal documents to someone you haven't met in person
  • Legitimate landlords don't need your NIE for a viewing
  • Share documents only after signing a contract and confirming legitimacy
  • Use certified mail (burofax) or in-person delivery for sensitive docs

6. Hidden Costs and "Extras"

How it works: The listing shows €850/month, but at contract signing, the landlord reveals additional monthly charges: agency commission, "mandatory cleaning services," community fees, or "administrative fees"—totaling €100-€200 more.

Red flags:

  • Vague about total monthly cost
  • Listing price differs from the quoted cost
  • Additional fees only mentioned verbally, not in writing
  • Claiming fees are "mandatory" without legal basis

Protection:

  • Always ask: "What is the ALL-IN monthly cost including utilities and community fees?"
  • Request the final quoted price in writing before viewing
  • Check what's actually required vs. what's optional
  • Verify that utilities aren't inflated—standard costs are €80-150/month for an apartment

What to Check Before Signing the Contract

Once you've found a property that seems legitimate, it's time to do a thorough inspection and review the contract carefully.

Physical Inspection Checklist

Before moving in, you must inspect the apartment and document its condition. This protects you from being blamed for existing damage.

ItemWhat to Check
Walls & CeilingsWater stains, moisture, cracks, mold, paint condition
Doors & WindowsClose properly, locks work, no cracks, seals intact
Kitchen AppliancesOven, hob, fridge, dishwasher—all turn on and function
BathroomWater pressure, hot water works, no leaks, toilet flushes
Heating & ACBoth turn on and produce hot/cold air as intended
PlumbingCheck for leaks under sink, water pressure, drainage
ElectricalTest light switches and outlets, check for safety issues
FlooringTiles/wood integrity, stains, damage
FurnitureIf included: note condition of each piece

Documentation:

  • Take photos and videos of every room, especially damage or stains
  • Write a detailed list of any defects or missing items
  • Send this list to the landlord in writing (email) before signing
  • Ask the landlord to sign and date an inventory list

Why this matters: If you don't document existing damage, the landlord can claim you caused it when you move out and deduct from your deposit.

Critical Contract Clauses to Review

Before signing, your contract must include:

1. The Basics

  • Full names of all parties (landlord and tenant(s))
  • Complete property address and description
  • Move-in date and contract duration
  • Monthly rent amount
  • Deposit amount (should be 1 month's rent max for long-term rentals)

2. Contract Type—This is Critical

Spain has two types of residential contracts:

Long-term (Vivienda): Minimum 5 years (7 if landlord is a company), with strong tenant protections. Can terminate after 6 months with 30 days' notice. This is what most expats should sign.

Short-term (Uso distinto de vivienda): Up to 1 year, fewer tenant protections, terms freely negotiated. Often for students or seasonal rentals.

Red flag: If the landlord is trying to classify a long-term lease as "short-term," it's likely to avoid tenant protections. Always ask which type you're signing.

3. Utilities & Additional Costs

Clarify what's included in rent:

  • Electricity (€60-€120/month for a 2-bed apartment)
  • Water (€30-€40/month)
  • Gas (€20-€40/month if used)
  • Internet (€30-€50/month)
  • Community fees/common area maintenance (€50-€150/month depending on building)
  • Waste collection (usually included in community fees)

Red flag: If the contract is vague about utilities ("to be determined" or "approximately €X"), you could be hit with surprise bills later.

Action: Get a written final quote for all costs before signing.

4. Tenant Rights to Terminate

After 6 months, you have the right to terminate with 30 days' notice under Spanish law. However, some landlords include penalty clauses: typically 1 month's rent for each remaining year of the contract.

Critical red flag: A clause stating "the first year is mandatory" or "you must pay rent until the end of the contract even if you leave". These are abusive clauses and likely unenforceable under Spanish law, but having them in your contract creates disputes.

Action: If you see this clause, cross it out and ask the landlord to initial the change. If they refuse, consult a lawyer before signing.

5. Landlord's Right to Terminate

Under Spanish law, landlords can only terminate for specific reasons:

  • Non-payment of rent
  • Property damage or illegal use
  • After year 1 only: They need the property for personal/family use (with 2 months' notice)

Red flag: A clause giving the landlord broad termination rights outside these legal reasons. Check if the landlord has included "right to reclaim for personal use"—this is common and legal, but you should know about it.

Action: If this clause exists, understand that the landlord can ask you to leave (with notice) after the first year.

6. Deposit & Guarantees

  • Fianza (Deposit): Should be exactly 1 month's rent for long-term rentals, held by a regional government body (not the landlord)
  • Additional Guarantees: Landlords can request up to 2 additional months as extra security
  • Total upfront: You might pay up to 3 months' rent (1 deposit + 2 guarantees)

Action: Request proof that your deposit is registered with the regional government authority. In Madrid, it's IVIMA; in Catalonia, INCASÒL. Without registration, the landlord is breaking the law.

Red flag: Landlord asks for cash deposit or won't provide proof of registration. This is illegal.

7. Inventory & Condition Report

The contract should include (or reference) a detailed inventory of furniture, appliances, and the property's condition.

Action:

  • Ask for this inventory before signing
  • Review it carefully—does it match what you saw?
  • Take your own photos of everything
  • Sign only after confirming accuracy

Red flag: Landlord rushes through inventory or refuses to document condition.

8. Subletting & Roommates

Spanish contracts typically prohibit subletting unless the landlord explicitly allows it in writing.

Red flag: If you're planning to have roommates or sublet a room, this must be explicitly allowed in the contract. Otherwise, you're in breach.

Action: If sharing, ensure all occupants are listed in the contract, or request written permission to sublet your room.

Key Costs: The True Cost of Living

When budgeting for your apartment, don't just count rent. Here's what a typical 60-80m² apartment costs monthly:

CostAmount
Rent€400–€1,000+ (varies by city/location)
Electricity€60–€120
Water€30–€40
Gas€20–€40 (if used)
Internet/Phone€30–€50
Community Fees€50–€150
Waste Collection€10–€20 (often in community fees)
TOTAL UTILITIES€200–€400+
COMBINED TOTAL€600–€1,400+

Summer note: Electricity costs spike July-September due to air conditioning. Budget an extra €50-€100 in summer months.

Documents You'll Need to Rent

Landlords typically require:

  • Valid passport
  • NIE (Número de Identidad de Extranjero)—not always required, but helpful
  • Proof of income (employment contract, payslips, or bank statements)
  • Last 3 months of bank statements
  • Previous rental references (if you have them)
  • Sometimes: criminal record certificate (solicitado from UK)

Action: Gather these before apartment hunting to speed up the process.

Red Flags During the Viewing or Negotiation

Viewing Red Flags:

  • Landlord is evasive or avoids answering questions
  • Property looks nothing like online photos
  • Landlord rushes you or discourages careful inspection
  • No written contract offered—"We'll do it verbally"
  • Building is in poor condition or security is nonexistent
  • Landlord speaks poor English/Spanish and seems confused (possible language barrier or scam)

Communication Red Flags:

  • Landlord shifts conversation to WhatsApp (to avoid platform protection)
  • Emails contain spelling mistakes or look auto-translated
  • Landlord avoids phone calls, only messages
  • Landlord sends suspicious links for "payment" or "verification"

Financial Red Flags:

  • Asked for payment via Bizum or international transfer before contract
  • Deposit not registered with regional authority
  • Cash-only transactions with no receipt
  • Final price significantly higher than advertised

Platforms: Which Are Safer?

Idealista ✓ Useful but unfiltered

  • Spain's largest property portal
  • Has both legitimate and scam listings
  • No built-in buyer protection
  • Free to use
  • Requires careful vetting of listings

Spotahome ⚠ Convenient but costly

  • Verified listings with online booking
  • Video tours and insurance included
  • BUT: High commissions (often 5-10% of rent)
  • Slower dispute resolution for refunds
  • Prepayment without in-person viewing is risky
  • Good for short-term rentals, less ideal for long-term

Facebook Groups ✓ Community recommendations

  • Search "Expats in [City]" or "[City] Rental"
  • Direct landlord contact (fewer middlemen)
  • Community vetting helps identify scams
  • BUT: No transaction protection—get everything in writing

Real Estate Agencies ✓ Professional help

  • Licensed agencies offer legal protections
  • Can verify landlord identity
  • BUT: Agency fees (typically 1 month's rent) may apply
  • In theory, agencies shouldn't charge tenant fees for long-term rentals, but they sometimes do

Best practice: Use multiple platforms. If a property is on Idealista, Spotahome, and Facebook, it's likely legitimate. Scammers usually only post in one place.

After You Sign: Protecting Your Deposit

Once you move in:

Day 1:

  • Take photos of the entire apartment (condition you found it in)
  • Have the landlord sign and date your inventory list
  • Photograph their signature on the inventory

Before Moving Out:

  • Give 30 days' written notice (burofax or certified mail—not email)
  • Clean thoroughly
  • Request the landlord inspect 1-2 days before you leave to agree on condition
  • Don't give keys until you've seen the property inspection report
  • Confirm your deposit return date in writing

Getting Your Deposit Back:

  • Landlord has up to 30 days to return it (after inspection)
  • Deductions are allowed for outstanding bills or damage beyond normal wear
  • Landlord must provide itemized breakdown of any deductions
  • If no deductions: you get the full amount back

Red flag: Landlord threatens to keep deposit for minor issues or damage that was pre-existing.

Action: Have everything in writing. If landlord refuses to return your deposit without valid reason, you can file a claim with the regional authority or take legal action.

Your Rights Under Spanish Law

Spanish rental law (Ley de Arrendamientos Urbanos – LAU) favors tenants:

  • You cannot be evicted without legal cause
  • You have the right to peaceful enjoyment of the property
  • Rent increases are capped at inflation (CPI)
  • You can terminate after 6 months with 30 days' notice
  • Your deposit must be protected by the regional government
  • Landlord must make major repairs (structural, heating, plumbing)

If you feel your rights are violated, contact your local housing office (Oficina Municipal de Vivienda) or a tenant's rights organization.

Final Checklist Before Signing

✓ Visited the property in person—confirmed it matches the listing

✓ Inspected thoroughly—documented condition with photos

✓ Verified landlord identity—seen DNI or NIF (tax ID), confirmed they own the property

✓ Requested "Nota Simple" (land registry certificate) to confirm landlord is the legal owner

✓ Contract is written, not verbal

✓ Contract type specified (long-term residential/vivienda)

✓ All-in monthly cost confirmed in writing (rent + utilities + fees)

✓ Deposit amount = 1 month's rent (or less)

✓ Deposit will be registered with regional authority

✓ Termination rights clearly stated (can terminate after 6 months with 30 days' notice)

✓ No abusive clauses ("first year is mandatory," "must pay until end of contract")

✓ Inventory signed by both parties with photos

✓ Received a copy of the signed contract

✓ Utilities clarified—what's included vs. what you'll pay separately

Final Thoughts

Renting an apartment in Spain doesn't have to be a nightmare. The key is doing your homework, trusting your instincts, and refusing to rush. If a deal feels off—pushy landlord, inconsistent details, pressure to pay early—walk away. There are always more apartments.

The good news: Spanish law is actually quite tenant-friendly once you understand it. Once you're in a legitimate, long-term contract, you have solid legal protections.

One last tip: If you're seriously nervous about getting scammed or missing important contract details, it's worth paying a lawyer (€50-€150) to review your contract before signing. That's an investment that can save you thousands in deposit disputes or legal issues down the line.

Good luck with your apartment hunt. You've got this!

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#rental#housing#scams#contracts#tenant rights#practical#UK expats