Chapter
Buy to let in Spain: long-term letting for foreign owners
Quick answer
A long let to a resident is governed by the urban lettings act. The minimum term is five years (seven years for a company landlord), the tenant can leave after six months, and a buyer takes over the lease. Rent is taxed on the gross amount for most non-residents.
Applies toForeign buyers who want to let a Spanish home to a resident on a long lease.
On this page: 14 sections
§ 1What a long let is
A long let is a lease of a home as the tenant’s main residence, governed by the Ley de Arrendamientos Urbanos, the LAU. It is different from a tourist or seasonal let. The law excludes temporary tourist-style lets of up to thirty-one days from the act and sends them to tourism rules, as the chapter on holiday rentals explains. This page belongs to the section on renting and investing.
§ 2The minimum term
The law lets the parties agree a term, but if it is shorter than five years, or seven years when the landlord is a legal person, the lease is extended year by year up to the minimum. The tenant may leave after six months with thirty days notice. The landlord can recover the home before the minimum only in narrow cases that the contract must state. Long-term letting rules explains the rules.
§ 3After the minimum
In the current text, after the minimum term the lease continues by annual extensions up to a further limit unless a party gives notice: four months from the landlord and two months from the tenant. A decree-law published in October 2026 would change this from 15 November 2026, with tacit renewals and longer landlord notice, if it is validated. We have not read the operative text of the decree, so confirm with your lawyer.
§ 4Selling a let home
If you sell, the buyer takes over the lease for the initial minimum period. A property with a tenant explains buying a home that already has a tenant, and what to ask for.
§ 5Tax on rent
Rent is income from Spanish property. The costs section explains the rates and the return for non-residents. For most, expenses are not deductible, and for residents of the EU and EEA directly related expenses may be. the chapter on rental yields explains how this affects the yield. The by-nationality section explains tax at home.
§ 6Buying to let
A house to rent out explains what to look for in a home to let long term. Choose by tenant demand, running costs and the rules of the area, including any stressed-market rules on rent that the market-and-rules section explains.
§ 7Agents and management
A letting agent can find tenants, draft the lease and manage the home while you live abroad. Letting agents explains how to choose one and what to ask. Do not rely on an agent for tax or legal advice.
§ 8Other strategies
Tourist lets have their own section. Compare with the chapter on rental yields for yields.
The overview of strategies is in more on investment strategy.
§ 9Before you buy
Ask your lawyer to read the lease template you plan to use, the community statutes and the rules of the area, and to confirm the position on the October 2026 decree-laws.
§ 10Deposit and paperwork
The lease should be in writing, with the rent, the term, the deposit, the indexation and the split of repairs. Keep the inventory, the energy certificate and proof of the deposit. The article on the legal deposit was not in the part of the act we read, so ask your lawyer for the amount and how it must be held.
§ 11Stressed markets and rent rules
In areas declared stressed residential markets, rent rules and extensions can differ, and the consolidated act refers to limits in a later article that we did not read. The market-and-rules section lists what we verified. Ask the town hall and your lawyer whether the home is in such an area before you set a rent.
§ 12Vacancy and arrears
A tenant who does not pay is a risk with a legal procedure and a delay. Ask your lawyer how a claim for arrears works, how long it takes and what it costs, and consider insurance against non-payment. Ask the agent how many arrears cases they have handled.
§ 13Keep records
Keep the lease, the inventory, the deposit proof, the rent receipts and the notices in one file. You will need them for tax and in any dispute.
§ 14Back to the section
The chapter on renting and investing explains how to earn from a Spanish property and the rules that limit it.
FAQRelated questions
How long is a long let in Spain?
The law sets a minimum of five years, seven if the landlord is a company, by annual extensions if the contract is shorter. The tenant may leave earlier on notice after six months. The landlord has few ways to end the lease early.
Do I pay tax on the rent as a non-resident?
Yes, in Spain, on income from Spanish property. For most non-residents the base is the gross rent with no deduction, while residents of the EU and EEA may deduct directly related expenses. See the costs section and ask an adviser.
Can rules change after I buy?
Yes. A decree-law of October 2026 changes how lease extensions work from the middle of November if it is validated, and other measures on rents are pending. Check the position with your lawyer before you sign a lease.
Sources
- Boletín Oficial del Estado: Ley 29/1994 de Arrendamientos Urbanos (consolidated text updated 7 October 2026) (official source, opens in a new window), Arts. 3, 5, 9, 10, 11 and 14 read; arts. 17 onwards not read; shows RDL 28/2026 change from 15 November 2026Last checked 18 October 2026
- Agencia Tributaria: Rental income of non-residents: specific questions on property (official source, opens in a new window), Rates, gross base, deductible expenses, imputed income for unlet monthsLast checked 17 October 2026
- Boletín Oficial del Estado: Real Decreto-ley 29/2026, de 6 de octubre, por el que se adoptan medidas urgentes para la protección de la función social de la vivienda y la ampliación de la oferta de vivienda asequible (BOE-A-2026-20823) (official source, opens in a new window), Arts. 1 to 10 and the fifth and sixth final provisions read in the gazette page; end of the final provisions not readLast checked 26 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.