Rental Negotiating Agency

Concerns about smoking in rental properties are common among landlords – largely due to potential damage and persistent odours. Lawyer José Ramón Zurdo, CEO of Agencia Negociadora del Alquiler, confirms that it is entirely legal to prohibit smoking in a tenancy agreement. However, the clause must be clearly stated and precisely worded – ensuring there is no ambiguity, and it may even apply to specific areas within the property.

Understanding how long a residential lease can last in Spain is no longer straightforward – recent legal changes have made it increasingly complex. Following the Housing Rights Act, lease duration now depends on several variables, including whether the landlord is an individual or a company and whether the property is in a high-demand area. As José Ramón Zurdo explains, determining the true length of a contract requires careful analysis of each specific case.

On Thursday, 14 November, the Spanish Congress of Deputies approved a law to expedite trials for illegal home occupation under the Judicial Efficiency Act.

A lack of rental supply is driving more tenants to sublet rooms without the landlord's consent, as reported by the Agency for Rental Negotiation (ANA). However, the real problem arises when those who do so seek to make a business out of subletting, which, moreover, they do not declare. The ANA is committed to improving the search for solvent tenants and penalising these practices in the contracts.

In recent times, irregular practices have been escalating in the rental market in Spain. Experts are detecting that some landlords are flouting the mandatory renewals to which tenants are entitled. To do this, they claim they need to recover the home, reside in it for a time and then sell or rent it at a higher price.