Cantabria Landlord-Tenant Laws: REQUIRED DISCLOSURES

In Cantabria, landlords are legally obligated to provide specific information and documentation to tenants before and during the formalization of a residential lease. Transparency is a core principle of the Ley de Arrendamientos Urbanos (LAU), effective 1 January 1995, and has been further strengthened by the Ley 12/2023 (Housing Law) to ensure that tenants are fully aware of the property's condition and the landlord’s status.

Mandatory Pre-Contractual Disclosures

Before the lease is signed, the landlord or the real estate agent representing them in Cantabria must provide the tenant with:

1. The Energy Performance Certificate (CEE): Regulated by Real Decreto 390/2021, landlords must provide a copy of the CEE to the tenant. While mandatory, the lack of a CEE is an administrative infraction and does not result in the civil nullity or voidance of the lease agreement.
2. Property Inventory (Recommended): While not a statutory requirement under the LAU, providing a detailed list of furniture, appliances, and the general state of the property, often supported by photographs, is a highly recommended contractual best practice.

Disclosures under the 2023 Housing Law

The national housing law (Ley 12/2023) has introduced specific disclosure requirements, though their application depends on regional designations:

• Identification of Large Holders: Landlords must disclose if they are "large holders" (grandes tenedores), defined in Cantabria as owning more than 10 residential properties. This status is required for compliance with judicial eviction proceedings under Art. 439.4 of the LEC.
• Information Rights (Art. 31): Tenants have the right to request information regarding the landlord's status, the property's surface area, and building services before signing the contract.
• Stressed Market Disclosures: Requirements regarding the Reference Price Index and Rent History (disclosing rent paid in the last five years) are strictly contingent upon the declaration of "Stressed Market Areas." As of May 2024, the Government of Cantabria has not declared any such areas, making these disclosures currently inapplicable in the region. Furthermore, rent caps do not apply in Cantabria due to the absence of these designated areas.

Proof of Deposit Registration

A unique disclosure requirement in Cantabria, governed by Decreto 1/2015, de 8 de enero, is the obligation to deposit the security deposit (fianza) with the Dirección General de Vivienda within one month of the contract start date. Per Art. 11.3, the landlord is legally obligated to provide the tenant with a copy of the official deposit receipt (resguardo) within one month of the deposit being made. This ensures transparency and allows the tenant to claim certain tax deductions.

Consequences of Non-Disclosure

Failing to provide mandatory disclosures in Cantabria can lead to:

• Administrative Fines: Non-compliance with CEE requirements is an administrative infraction under the Texto Refundido de la Ley de Suelo y Rehabilitación Urbana, with fines ranging from €300 to €6,000.
• Procedural Barriers: Failure to disclose large holder status can prevent a landlord from successfully initiating judicial eviction proceedings.
• Tax Penalties: Non-registration of the fianza prevents landlords from accessing certain fiscal advantages and denies tenants the ability to claim regional tax deductions.