Can my landlord enter my rented flat in Spain?

Owning the flat does not give your landlord the right to come in whenever they like. While you live there, it is your home, and the law protects it from them too. This guide explains when you have to let them in, when you don't, and what to do if they enter without your permission.

Last updated: 7 November 2026

In short

The home is inviolable: nobody may enter without the consent of its holder or a court order, except in flagrante delicto (article 18.2 of the Constitution). The landlord having keys does not give them that permission.
You must let them check the state of the flat when you report a repair, and put up with works that cannot wait until the contract ends (arts. 21 and 22).
Entering another person's home against the will of whoever lives there may be the crime of trespass (art. 202 of the Criminal Code). Keep evidence and, if needed, report it.

In this guide5 min read

Can they come in if they have keys?

Not without your permission. The Constitution says the home is inviolable, and that nobody may enter it without the consent of its holder or a court order, except in flagrante delicto (article 18.2 of the Constitution).

The Criminal Code punishes anyone who, without living there, enters another person's home or stays in it against the will of whoever lives there (art. 202 of the Criminal Code). The rule makes no exception for the owner.

Keeping a copy of the keys does not give them permission to use it. To come in, they need you to let them in each time.

When do I have to let them in?

art. 21.2 art. 21.3 art. 22

There are situations in which the law asks you to cooperate:

Repairs. When you tell them something needs repairing, you must let them check the state of the flat, in person or through the technicians they choose, for that purpose only (art. 21.3).
Upkeep works that cannot wait until the contract ends. You must put up with them even if they are very disruptive. If they last more than twenty days, the rent goes down in proportion to the part of the flat you cannot use (art. 21.2).
Improvement works that cannot wait. The landlord must tell you in writing at least three months ahead what the work is, when it starts, how long it lasts and what it costs (art. 22.2). If you put up with them, you are entitled to a rent reduction in proportion to the part of the flat you lose, and to be paid the costs they cause you (art. 22.3).

What about showing the flat to buyers or new tenants?

The LAU does not regulate these visits. Check what your contract says and, if it says nothing, you can agree on them: for example, with notice, at times that suit you and with you at home. Without your permission, the general rule still applies: they cannot come in.

They came in without my permission: what do I do?

Stay calm and keep a record of what happened:

Note the date and time, and keep any evidence: messages, emails or witnesses.
Write to them asking them not to enter again without your permission. In writing, there is a record.
If they came in against your will, it may be the crime of trespass (art. 202 of the Criminal Code), which you can report to the Policía Nacional, the Guardia Civil or the court.

Example

Deadlines when there are works in your flat

Notice of improvement works, at least: 3 months
To withdraw from the contract after that notice: 1 month
Upkeep works lower the rent if they last more than: 20 days

Arts. 21.2 and 22.2 of the LAU. You cannot withdraw when the works do not affect your home, or affect it only slightly.

Frequently asked questions

Can my landlord come in without warning?

No. To enter they need your permission or a court order, except in flagrante delicto (article 18.2 of the Constitution). Warning you is not enough: they need you to let them in.

Can they keep a copy of the keys?

The LAU says nothing about keys. But having a copy does not give them permission to enter: they still need your consent each time.

What if there is an urgent fault and I am away?

The law gives them no general permission to enter. What it does say is that you may carry out urgent repairs to prevent imminent damage or serious discomfort, telling them first, and claim the cost from them (art. 21.3). If you want them to go in, you can give them permission for that occasion.

Can they send a technician instead?

Yes, to check a repair you reported: the law speaks of checking it themselves or through the technicians they appoint (art. 21.3).

Do I have to let them do works?

Upkeep works that cannot wait until the contract ends, yes, even if they are disruptive (art. 21.2). Improvement works that cannot wait, too, but with at least three months' written notice, and you may withdraw from the contract in the month after that notice, unless the works do not affect your home or affect it only slightly (art. 22.2).

What do I do now?

Agree on how they give notice
Ask them to tell you before any visit, and make clear they only come in with your permission.
Cooperate with repairs
If you report a fault, let them, or their technician, check it. That is what the law asks.
If they enter without permission, put it in writing
Note what happened, keep evidence and write to them. If it happens again, you can report it.

Look up your building on Pisopedia

Before you sign, see what the people who already lived there say: the landlord, the area and the rent they paid.