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) and has been further strengthened by the Ley 12/2023 (Housing Law) to prevent deceptive practices and 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): An official document indicating the energy efficiency rating of the dwelling. It is a legal requirement in Spain to present this during the marketing and signing stages.
2. The Habitability Certificate (Cédula de Habitabilidad): An administrative document certifying that the dwelling meets the minimum structural and sanitary conditions required for human residency in Cantabria.
3. Property Inventory: A detailed list of furniture, appliances, and the general state of the property, often supported by photographs.

Disclosures under the 2023 Housing Law

The new national housing law has expanded the list of required disclosures, particularly to protect vulnerable tenants:

• Identification of Large Holders: Landlords must disclose if they are "large holders" (grandes tenedores), as this status triggers different legal obligations regarding rent caps and eviction mediation.
• Reference Price Index: In municipalities declared as "Stressed Market Areas" by the Government of Cantabria, the landlord must provide the value of the reference price index applicable to the property.
• Rent History: Landlords may be required to disclose the rent paid by the previous tenant in the last five years if the property is in a stressed area.

Proof of Deposit Registration

A unique disclosure requirement in Cantabria is the obligation to prove that the security deposit (fianza) has been deposited with the Dirección General de Vivienda. The landlord is required to provide the tenant with a copy of the official registration form once the process is complete. 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: Regional and national authorities can impose significant financial penalties on non-compliant landlords.
• Contract Voidance: Certain undisclosed issues, such as lack of a habitability certificate, can make the lease contract void or allow the tenant to terminate the lease without penalty.
• Tax Penalties: Non-registration of the fianza prevents landlords from accessing certain fiscal advantages.