Andalusia Landlord-Tenant Laws: Complete Guide

Renting out property in Andalusia (covering popular provinces like Málaga, Seville, and Marbella) requires strict adherence to both Spain's national Ley de Arrendamientos Urbanos (LAU) and regional decrees. The recent Andalusian Housing Law 5/2025 (effective January 24, 2026) has introduced significant changes, particularly regarding security deposits and landlord obligations.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Landlord-tenant laws in Spain change frequently. Always consult a licensed Spanish attorney (abogado) for advice specific to your situation. Information last verified: March 2026.

Key Andalusian Rental Laws at a Glance

Security Deposits (Fianza)

Under the LAU, it is mandatory to collect a security deposit equivalent to one month's rent for a primary residence (vivienda habitual). Landlords can request additional guarantees (garantías adicionales), but these cannot exceed two months' rent.

Major 2026 Change in Andalusia: As of January 24, 2026, the Andalusian government (Junta de Andalucía) eliminated the requirement to deposit the security deposit with the regional housing agency (AVRA). Landlords will now retain the funds directly, significantly reducing bureaucratic friction, though the obligation to collect the deposit from the tenant remains fully in force.

For more detail, see our Security Deposits deep dive.

Rent Control and Increases

Rent updates in Spain must be explicitly agreed upon in the tenancy contract. Historically linked to the Consumer Price Index (CPI), this changed with recent national housing laws affecting Andalusia:

• 2023 Cap: 2% maximum
• 2024 Cap: 3% maximum
• 2025 and beyond: A new State Reference Index (INE) applies, aiming for stable, lower-than-inflation increases. This applies to both small landlords and large holders (grandes tenedores).

Furthermore, local municipalities in Andalusia have the power to declare "Stressed Residential Areas" (Zonas Tensionadas), which can impose strict freezes on starting rents for new contracts.

For more detail, see our Rent Increases guide.

Eviction Procedures (Desahucios)

Evictions in Spain must proceed through the courts (Ley de Enjuiciamiento Civil). Self-help evictions (like changing locks or shutting off utilities) are considered coercion and carry severe criminal penalties.

Common grounds for eviction include:

• Non-payment of rent or utilities.
• Unauthorized subletting.
• Intentional property damage or engaging in illegal/nuisance activities.
• The landlord needing the property for themselves or a first-degree relative (if explicitly stated in the contract).

The process generally starts with a formal demand letter (Burofax). If unpaid, a lawsuit is filed requiring an attorney (abogado) and court representative (procurador).

For more detail, see our Eviction Process guide.

Maintenance and Habitability

Under Article 21 of the LAU, landlords are obligated to make all necessary repairs to keep the property in a habitable condition without raising the rent. This includes structural issues, major plumbing, electrical faults, and roof leaks.

Conversely, the tenant is responsible for small repairs due to ordinary wear and tear (e.g., changing lightbulbs, fixing a dripping faucet washer).

For more detail, see our Maintenance Obligations guide.

Lease Requirements

While verbal contracts are legally recognized in Spain, written contracts are heavily advised. By law (LAU Art. 9), tenants of long-term residences are entitled to mandatory contract extensions. Even if a contract is signed for one year, the tenant has the right to renew annually up to 5 years (if the landlord is an individual) or 7 years (if the landlord is a company/legal entity).

Any clause attempting to bypass these mandatory protective periods is considered null and void.

For more detail, see our Lease Requirements guide.

Getting Started with Compliance in Andalusia

Navigating the intersection of Spain's national LAU and Andalusia's regional decrees (especially post-2026) requires diligence. Landager helps property owners track their compliance status, manage deposit retentions, and stay updated when new regulations take effect in southern Spain.

Back to Andalusia Landlord-Tenant Laws Overview.