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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Our average score from 300 reviews

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

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!
Mariposa Avaria
Mariposa Avaria
19:50 05 May 22
Han logrado lo prometido, gracias especialmentea Alejandro
Miklos Horn
Miklos Horn
06:21 03 May 22
Most recent experience:We cannot emphasize how satisfied we were with Antonio (10/10 ⭐️), and everyone from Lexidy who helped us while purchasing a property at the beginning of the year. This law firm is one of a kind! It was the second time we worked with them (as the first time our purchase was unsuccessful), and they keep surprising us with their professionalism and attention to detail.It must be mentioned that everyone spoke English, and most of the communication was done online (especially good in case you want to have all the documentation backed up safely). Antonio also made sure to answer all of our questions even after finalizing the purchase – and we asked a lot –, so that we could understand each step along the way. We are returning customers of Lexidy as their expertise is outstanding in all areas. Thank you very much, Antonio and everyone who helped us!Previous review:We had the pleasure of working with Antonio while making an offer for a flat in Barcelona, and everything went surprisingly professionally and well. We were supported throughout the whole process in English (great plus!) and Antonio was always available, even when we had very short deadlines. Lexidy made sure to collect all the documentation that was needed from the seller, and did a really thorough job on negotiating the Arras contract and carrying out the Due Diligence. Even though we were unsuccessful in securing a mortgage in the end, we can only recommend Lexidy and Antonio for everyone who wants to avoid the administrative headaches that come with property purchase. We even received an unexpected discount in the end since the deal was not successful, and we will definitely be relying on the services provided by Lexidy should we need it in the future. Really satisfied with the service: 10/10!
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.
Simone Bech
Simone Bech
11:43 22 Mar 22
I hired Alejandro to help me get my NIE. I needed the process to go fast, as my future workplace wanted me to start ASAP. Alejandro promised me that I would get it within 3-8 workdays, and he managed to do so. He made the process sooooo easy for me! I would recommend Alejandro any time.
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.
A Striniqi
A Striniqi
07:14 20 Sep 21
At the recommendation of a Portuguese friend of mine, I contracted the Lexidy Law Boutique in the period March - May 2021 for the purchase of real estate in Portugal. Due the pandemic, most of the communications and consultations happened online/remotely, but that did not have an adverse impact on their quality of services. After the first guidance and consultation on Portugal's immigration policies and real estate purchasing processes, the team handled efficiently the process of obtaining my NIF, the verification of legal and overall status of the property, the negotiation and drafting of the CPCV, the deed formalities and the registration of the transfer of ownership property with the municipal and tax authorities. Throughout the whole undertaking, the team was very helpful, passionate and thorough in answering all questions and provide clarifications and information as needed. They were very responsive and made sure they followed up the process in every step. I wish to thank particularly Bettino and Gabriel for their dedication, patience and valuable advice. Lexidy Law boutique is a trustworthy partner that will facilitate your immigration and real estate projects and I highly recommend them!!
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!
Sarah Whitehouse
Sarah Whitehouse
12:08 31 Aug 21
Both José and David have been extremely helpful in informing me about various legal procedures in Spain. I highly recommend Lexidy for anyone looking for honest and insightful legal advice in Spain. Thank you both!
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!
Keeta Kimura Morales
Keeta Kimura Morales
11:26 29 Jul 21
Muchas gracias a Alejandro Cano por el buen trato, personalizado y profesional, en la operación que requerimos de sus servicios. Fue una operación muy larga y complicada, fuera de toda normalidad y que en la mayoría de casos hubiera sido imposible cerrar de forma positiva.Por lo que muy contentos del resultado, pese a las adversidades.
Branden Bickel
Branden Bickel
23:28 21 Jul 21
I am a retired real estate lawyer in California. Another lawyer referred me to Monica Isern Lopez of Lexidy in Barcelona for an immigration problem. I found Monica to be prompt, thorough and highly professional. I will turn to her and Lexidy whenever I have a similar problem in that region. I highly recommend her law firm.
Jennifer Yeung
Jennifer Yeung
11:39 21 Jul 21
The best service you could get with a law firm. In my personal experience, Alejandro is very helpful and efficient, he could explain to you cristal clear terms with the process of an acquisition for a foreigner. I highly recommend them as your attorney on your behalf.是我经历过的最好的服务,作为法律供应商。亚历山大非常好,他很有效率,英语也很好。如果你作为外国人去西班牙投资,一个快速回应,英语很好,对购买过程熟悉的合作伙伴必不可少。非常推荐他们!当然,我最初也是朋友推荐过去的,服务超出想象的好。
Dan Briere
Dan Briere
11:40 14 Jul 21
Alejandro was personal, attentive, and responsive while assisting me in obtaining my NIE in Spain. Overall - the process took less than two working days - weeks shorter than I was quoted by other firms. Alejandro has also been helpful in introducing me to others from the Lexidy office who have assisted in answers related to immigration and taxes. I will recommend Lexidy to others and look forward to working more with them moving forward.
Nicolas Schindler
Nicolas Schindler
08:14 14 Jul 21
Alejandro and his team did an amazing job! Looking for to working with them in the future again!
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!
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