Can your landlord raise the rent or charge you the property tax (IBI)?

How rent updates actually work in Spain, and which costs a landlord can legally pass on to the tenant under the LAU.

As the annual contract renewal date approaches, many tenants in Spain get a rent-increase notice and don’t know whether it’s actually correct. Something similar happens with property tax (IBI) and other costs that show up mixed into the monthly bill. Let’s break it down calmly.

Rent updates aren’t free-for-all

Article 18 of the LAU allows the rent to be updated once a year, but only if the contract expressly agrees to it and follows the index that was agreed on (traditionally the CPI/IPC; since Law 12/2023, there’s also the IRAV, a reference index for updating residential lease rents, designed to moderate increases). If the contract says nothing about updates, the rent cannot be raised during that year.

A common — and questionable — practice is to add a fixed percentage on top of the agreed index, such as "CPI + 3%" or "CPI plus management fees." That extra increase isn’t covered by the legal update mechanism: only the result of applying the index is enforceable, not the additional markup.

Can the landlord pass on the property tax (IBI) to me?

Yes, but with conditions. Article 20.1 of the LAU allows taxes like the IBI to be passed on to the tenant, as long as the contract expressly agrees to it and specifies the annual amountat the time of signing. A generic clause ("the tenant will bear the taxes levied on the property") with no specific figure doesn’t meet that requirement, and its validity can reasonably be challenged.

What about community/HOA fees?

Same rule: these can only be passed on if agreed in writing with an estimated annual amount stated. If the monthly bill includes "community fees" without the contract specifying an amount, the tenant can request an itemized breakdown and challenge the charge.

Maintenance work isn’t the tenant’s expense

Work needed to keep the property habitable (a broken boiler, a leak, installations failing from normal wear over time) is the landlord’s responsibility under Article 21 of the LAU, not the tenant’s — unless the damage is clearly caused by the tenant.

In short

If your contract has a cost pass-through with no specific figure, a rent increase above the agreed index, or a structural repair being billed to you, you have reasonable grounds to ask for an explanation — and, if needed, to withhold that part of the payment until it’s clarified.