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Lease Agreements in Spain and Portugal

A Guide to the Best Lease in Portugal and Spain.

What is a Lease Agreement?

A lease agreement is a contract that allows an individual to use a property in exchange for a payment, like monthly rent. Typically, if a person needs to stay in a residential property for a period of time, but are not looking to purchase a home, they often sing a lease agreement to formally live in the property.. 

Depending on the time period for a  lease agreement in Spain and/or Portugal, the following options are outlined below:

Subject

Spain

Portugal

Types of contracts

  • Short-term – up to 11 months
  • Long-term – at least a year
  • Non-residential purpose – up to 11 months
  • Residential purposes – at least a year

Formal requirement

The contract must be signed in front of a notary.

There must be a written contract but there’s no obligation to notarise it.

Registration

Landlord must register the contract on the Property Registry

Landlord must register the contract with the Tax Authority but this doesn’t impact the contract’s validity

Automatic renewal (for long-term leases only)

Only the tenant can choose to automatically renew the contract during the first give years. The rent increases are in line with the Consumer Price Index

Only the tenant can choose to renew the contract in the first three years

Eviction for unpaid rent

After one month without payment, the landlord may send a notarised order of payment. After 10 days, the landlord may file a lawsuit to evict the tenant

After three months of unpaid rent, the landlord can evict the tenant. If the tenant doesn’t leave, the landlord can pursue a lawsuit

How do I get the right Lease Agreement?

  1. Contact one of our real estate lawyers to verify if the property fulfils the legal requirements for habitation
  2. Draft a contract which:
    • Identifies the parties
    • Identifies the type of property
    • Carefully describes each parties’ responsibilities.
  3. The parties sign an agreement
  4. Register the contract

Process of Purchasing Property?

Although each buying process differs from client to client, the general timeline is listed as follows:

  1. Tax and Budget Planning: The costs of acquiring a house are mainly paid by the buyer, and vary from region to region. Taxes and other paid by the buyer include:
    • Property transfer tax 6–10% (existing properties) / VAT (or IVA) at 10% (new properties);
    • Notary costs, title deed tax and land registration fee 1–2.5%;
    • Legal fees 1–2% (including VAT).
  2. Obtain your NIE: Contact the Spanish administration to get your tax identification number.
  3. Search for properties in Spain: Our expert attorneys can help find properties in Spain.
  4. Reservation agreement and Letter of Intent: A letter of intent may be presented by one party to another party and subsequently negotiated before execution (or signature).

How can a lawyer help me?

  • Our real estate lawyers can verify if the property is registered for the correct use
  • They can draft a contract that protects with strict adherence to the law 
  • The can help you assess and choose the best legal option for you

¨We will be with you each step of your journey.¨

– Immigration Team

Lexidy is a modern, dynamic, and innovative law firm. We always put customers at the center of our work and do our best to give an exceptional experience. Our expertise in Spain and Portugal allows us to solve complex problems thoroughly and cut all the risks before they may happen.
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What's involved in getting a Lease Agreement?

  1. Gather the correct documentation – this typically takes up to 15 days
  2. Review and verify the documents – we estimate no longer than 10 days for this
  3. Draft a contract – we allocate up to 10 days here
  4. Sign the deed
  5. The landlord registers the contract

Find you Immigration Lawyer

Alejandro

Alejandro Cano

Associate - LLM Abogado ( El Salvador )
Carlota Foucault Llopart

Carlota Foucault Llopart

Real Estate Specialist
Julia

Júlia Cleries

Real Estate Specialist
Antonio Torres

Antonio Torres Valdés

Head of Real Estate Department

Frequently Asked Questions

In Portugal, a long-term residential lease agreement ranges from a year to 30 years.

In Spain, the agreement is at least a year but there is no maximum. 

The tenant must leave the property if the lease expires without automatic renewal.

Anyone can prepare a rental agreement but it’s best to work with a real estate expert, who can protect your interests. Choose an experienced professional to verify the contract sent and eliminate the small details that may lead to greater costs in the future.

No. It’s illegal for a tenant to use a property in a period that has already passed.

Yes and we can support this arrangement.

If your tenant refuses to sign a lease you should go to court and follow these steps.

  • Ask the court to recognize the existing lease and the agreed payment terms.
  • If you can prove the tenant’s refusal, you can ask the court to recognize the legal “inexistence” of the lease and issue a judicial order to evict the tenant.

Be happy. Join a community of satisfied and successful customers

Symon Blomfield
Symon Blomfield
10:18 26 Aug 22
Lexidy Law - sucessful Non Lucrative Visa assistanceI employed Lexidy Law to assist with applying for my Non-Lucrative Visa, now granted. I also used them to check my property rental contract.Cristina Vizoso was my legal contact and was highly responsive and reassuring.In the future, I will certainly be using Lexidy to assist with my TIE and to apply for an autonomous Visa. I highly recommend them for all your immigration to Spain needs
Luigi Trevisi
Luigi Trevisi
13:00 27 Jul 22
In a land of bureaucracy hell, Lexidy helped me in such a short time, saving me hours of stress and last minute stuff to sort out. Very professional!
Rick Estrada-Stone
Rick Estrada-Stone
15:05 16 Jul 22
We are working with Lexidy for our immigration and real estate needs. Our real estate lawyer, Juan Diego Muñoz, has been amazing to work with throughout the entire process. His diligent communication during the real estate purchase has not only kept us informed every step of the way, but helped us to understand the differences and intricacies of purchasing property in Spain. We can't say enough great things about Juan Diego and the team at Lexidy.
Drew Mendoza
Drew Mendoza
16:12 06 Jul 22
Amazing service from Alejandro initially and then Juan. We were intending to purchase a property in Barcelona and Juan conducted all of the checks to ensure the deal was legitimate - it turned out that it was not as straight forward a transaction as initially expected and Juan helped us to avoid a potential financial disaster. We are so grateful and have 100% confidence in Lexidy's professionalism . We will certainly be using them more in the future and highly recommend them!
Magdalena
Magdalena
12:34 04 Jul 22
I am looking to to buy my first property in Spain and had my intro call with Alejandro today- very pleased with the valuable insights gained and your guidance on the legal aspects of the Spanish property market, sales cycle, mortgage application process and risk mitigation. Alejandro, thank you so much for your advice and invested time, I'm genuinely looking forward to working together on this exciting project:)
Duncan Casemore
Duncan Casemore
08:57 01 Jul 22
My wife, 2 children, and I wanted to move to Spain on a non-lucrative visa to experience something new following a stressful covid period. I had the privilege of working with Max and Gabriela, who were outstanding: Fluent English, nurturing us the whole way from initial sales contact through to landing in Spain, refreshingly responsive (usually within minutes, unlike many legal firms which work in units of days!), deeply knowledgable (added so much more value beyond paperwork), professional, experienced, and couldn't do enough for us. Top marks -- and that's from a customer with high expectations! Thank you for the quality experience and for helping us realise our dreams 🙂
RICHARD BRITTON
RICHARD BRITTON
21:46 29 Jun 22
We contacted Lexidy Law boutique when we recently moved from Cyprus to open a new chapter in our lives to move into a house in Brittany that we had bought 12 years previously. We had underestimated the twists and turns involved in obtaining residency in France - so we contacted Lexidy Law Boutique and were assigned Eleonore, an immigration lawyer well acquainted with French immigration laws. From the very beginning we realised she was determined that we should have a successful outcome and she guided us expertly to avoid all the pitfalls in the process of applying for residency. She even accompanied us to the prefecture and ensured that everything went smoothly - without her presence we might well have not succeeded.We thank and highly recommend Eleonore and Lexidy Law Boutique.
Phil S
Phil S
20:13 22 May 22
We have just completed the purchase of a new build apartment in Catalunya. Lexidy were recommended to me by a colleague who'd relocated from the US to the Costa Brava. As non Spanish/Catalan speakers, it was a great relief to have people we could trust working on all aspects of the purchase - including arranging a bank account, NIE's and the wifi..! From the initial meeting over Zoom to the final transaction Carlota and Antonia provided first class service and communication. And by providing them with Power of Attorney it meant we could do most of the things we needed to do without leaving the UK.
Pit Rissiek
Pit Rissiek
09:37 19 May 22
Absolutely Professional and worth-it Experience!I can highly recommend working with Carlota Llopart and Lexidy! Carlota and the team have gone beyond my expectations when it comes to owning and actually even driving the steps for my mortgage, the purchase of my flat as well as taxes filed. I have had an extremely difficult seller, but I was able to fully trust the team to guide me through this first acquisition.I have already recommended Lexidy to friends who had similar positives experiences and will continue working with Carlota and the team. Side note, me being German: Great value for money too!
Aleksandar Vorinski
Aleksandar Vorinski
08:12 25 Apr 22
I recently purchased apartment, got NIE and opened bank account with their help. I m satisfied with their service, they are accurate and responsible.
Michelle Swallow
Michelle Swallow
18:18 25 Sep 21
We recently retained the services of Lexidy Law Boutique to file our non-resident tax returns. As US citizens who own property in Lloret de Mar, Spain we were unfamiliar with the complexities of the Spanish tax system. Fortunately, we were able to benefit from the considerable expertise of Jose Garcia, Head of the Tax Department at Lexidy. He explained the procedure in detail to us and was extremely diligence and thorough throughout the whole process. What could have been a challenging situation for us became a very smooth process because of the expertise and capabilities of Jose Garcia and his staff at Lexidy Law Boutique. I would highly recommend the services of Lexidy Law Boutique.
Matt Pavlovich
Matt Pavlovich
11:18 15 Sep 21
A great group of very knowledgable lawyers. They've been very helpful in matters of immigration, international taxation, and real estate. Very highly recommended!
Don Ellis
Don Ellis
15:16 08 Sep 21
Great full service firm that provided our family professional legal services surrounding our move to Spain. Included assistance with both Visa application and real estate purchase. Highly recommend
Idriss Dhifallah
Idriss Dhifallah
13:10 31 Aug 21
Before being directed to Lexidy we have tried few lawyers but none was as reactive, professionnal as lexidy. Buying in spain is a stressful and lengthy process but having lexidy in our corner made us confident we will close everything smoothly. We have dealt with Antonio Valdes and Alejandro Cano both showed a very high level of professionalism and reactivity. The pricing is fair and they offer an all in solution for peace of mind. Can not recommend any better!
Gail Robinson
Gail Robinson
18:48 05 Aug 21
Lexidy guided us through the purchase of an apartment in Barcelona. It was quite complicated; we were in New York and because of the pandemic had to do everything remotely. This would have been impossible without the sound advice--in English!--and help of various lawyer at Lexidy, particularly Alejandro Cano. They even inspected the apartment because we couldn't see it in person and arranged for us to open a bank account. Since Lexidy is the only law firm i Barcelona we've worked with, I can;t compare them to others there but working with them was certainly easier than dealing with U.S. law firms. Highly recommended!
Bushra Husain
Bushra Husain
17:18 17 Jun 21
It was a pleasure to work with Alejandro and Antonio while living in the US! They helped us navigate the entire process of purchasing a house in Barcelona, and were extremely responsive and helpful with numerous questions! They are also very knowledgable and gave excellent advise with various issues. We could not have done this without their help!
chris charensac
chris charensac
17:06 23 Apr 21
I used Lexidy service for the purchase of a property and for an issue with an ex-employer.They helped me during the whole process of the purchase of the property.The conflict with my ex-employer was also resolved successfully i.e: it went to court and we won and that (awful) company had to pay.I would recommend using Lexidy.
Daniel Zuckerman
Daniel Zuckerman
15:04 10 Nov 20
I couldn’t be happier with my experience with Lexidy and their excellent attorneys. After months of trying unsuccessfully to navigate the maze of Spanish bureaucracy, I finally got the help I needed. Max Agazzi Paulet and his team were extremely professional and knowledgeable and were able to quickly give me the information I needed to successfully move forward with my application. Without hesitation, I would recommend Lexidy to anyone dealing with Spanish immigration law and/or real estate issues.
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