The most common abusive clauses in a Spanish rental contract

Hundreds of thousands of rental contracts are signed in Spain every year, and a significant share of them contain clauses that — despite being written with all the seriousness of a legal document — carry no legal weight because they contradict Spain’s Ley de Arrendamientos Urbanos (LAU), the residential rental law. The problem is that most tenants sign them without realizing it, because no one explains that a contract can say one thing while the law requires something completely different.

Here are the ones we see most often in real contracts, along with the LAU article that governs each one.

1. Waiving the mandatory renewal

It’s common to find clauses that set a term of three or six months "with no possibility of renewal," or that leave renewal entirely up to the landlord. Article 9 of the LAU sets a minimum term of 5 years (7 if the landlord is a company), regardless of what the contract says. You can read more in our article on contract duration and renewal.

2. A deposit that’s "never" returned

Some contracts include wording like "the deposit will not be returned under any circumstances." That’s flatly illegal: the deposit must be returned if the property is handed back in good condition and there are no outstanding debts, as set out in Article 36 of the LAU. We cover this in more detail in the rental deposit: how much is legal.

3. Passing on property tax or community fees without a clear agreement

A landlord can pass certain costs on to the tenant, but only if the contract expressly agrees to it and specifies the exact annual amount (Art. 20 LAU). A generic clause like "all taxes and charges will be borne by the tenant" doesn’t meet that requirement and is legally questionable.

4. Disproportionate penalties for leaving early

Article 11 of the LAU caps the compensation for early termination at one month’s rent for each remaining year of the contract (prorated if less than a year remains). Clauses that demand three, six, or even all remaining months in full go beyond that limit and aren’t fully enforceable.

5. The landlord can end the contract "whenever they want"

A landlord can only end the contract for the reasons set out by law: non-payment, unauthorized subletting, willful damage, nuisance activities, among others (Art. 27 LAU). A clause that gives the landlord free rein to terminate without cause or notice has no legal effect.

6. A blanket waiver of "any rights" under the LAU

Finally, some contracts include a catch-all clause where the tenant "waives any rights that may be owed to them." Article 6 of the LAU voids any terms that put the tenant at a disadvantage compared to what the law grants them, unless the law itself expressly allows it — so these kinds of blanket waivers have no real effect.

What if my contract has one of these?

A clause being void doesn’t mean it stops being written down — it means it can’t be enforced against you. In practice, many tenants only find this out after they’ve already overpaid or given up a right unnecessarily. Reviewing the contract before signing it, or shortly after, is the only way to avoid that.