Smokers: landlords in Spain can legally ban tenants from smoking

For such a clause to be enforceable, however, it must be clearly stated – and drafted in a way that leaves no doubt about its scope. The restriction may also apply to specific areas of the property – for example, the entire home or certain rooms such as the living room or terrace.

Zurdo bases this position on two key legal provisions. The first is Article 1455 of the Civil Code, which allows contracting parties to establish any agreements, clauses and conditions they consider appropriate, provided these do not contravene the law, morality or public order. In this context, a ban on smoking is considered lawful.

The second is Article 4.2 of the Urban Leases Law, which states that rental agreements are governed by the terms agreed between the parties, within the framework of the law and supplemented by the Civil Code.

If a no-smoking clause is clearly included in the contract, Articles 27.1 and 27.2 of the Urban Leases Law allow the landlord to terminate the agreement in the event of a breach. In some cases, the landlord may also retain part or all of the deposit – particularly if odours or damage require cleaning or repainting.

The same applies to tourist or seasonal rentals – often even more clearly. “In this type of rental,” Zurdo adds, “including such clauses is even more advisable due to their temporary nature.” This is because, in these agreements, the principle of freedom of contract between the parties carries almost absolute weight.

If a tenant breaches any of these clauses, however, the main difficulty for landlords lies in proving it. As Zurdo notes, “clear and conclusive evidence is required for a judge to terminate a lease on this basis.”