Agency fees on rentals in Spain cannot be charged to the tenant
UpdatedRDL 29/2026 reform
When renting, many agencies try to charge you their commission or the contract paperwork. Spanish rental law — the LAU — bans it: those costs cannot be passed on to you, neither directly nor indirectly, under any concept or name (article 20.2). One note on words: the law calls the landlord «arrendador»; here we will just say landlord.
What changed
- Art. 20.2, in its current wording, bans passing agency costs on to you, directly or indirectly, under any concept or name.
- Home taxes cannot be imposed on you unless you are the taxpayer; and community fees cannot be charged to the tenant outside a horizontal-property regime (art. 20.1).
In short
- Agency management and contract-formalisation costs cannot be passed on to you: neither directly nor indirectly, under any concept or name (art. 20.2).
- A service that is not essential for the contract can only be charged if you expressly requested it in writing, after being told it was optional and what it cost (art. 20.2).
- General expenses of the home can only be borne by you if agreed in writing with the annual amount; home taxes never, unless you are the taxpayer (art. 20.1).
In this guide4 min read
Can I be charged agency fees? New
No. Estate-agency management costs and contract-formalisation costs cannot be passed on to you: neither directly nor indirectly, under any concept or name (article 20.2 of the LAU).
«Management and formalisation» means any cost of services for preparing, formalising, managing, novating or renewing the contract. All of that falls under the ban.
The rule is not new: Real Decreto-ley 7/2019 created it for landlords that are legal entities, Ley 12/2023 extended it to every landlord, and the current wording of article 20 is the one in Real Decreto-ley 29/2026 of 6 October.
Which costs does it cover?
The rule covers, among others:
- The agency's commission or fees for brokering the rental.
- The costs of preparing, signing, managing, novating or renewing the contract.
Can I be charged for other services?
Only in one very specific case. A service that is not essential for the contract to be perfected can only be charged to you if all of this holds (article 20.2): you requested it expressly and in writing, and beforehand you were told that it was optional and what it cost.
If any of those conditions is missing, they cannot charge you for it.
What about general expenses and taxes? New
Article 20.1 allows the parties to agree that the general expenses for the proper upkeep of the home, its services, charges and non-individualisable responsibilities are borne by you. But the agreement is valid only if it is in writing and states the annual amount of those expenses as of the contract date.
And it sets two clear limits:
- Taxes associated with the home can never be imposed on you, except where you are the taxpayer.
- Community fees can only be charged to you in buildings under a horizontal-property (condominium) regime — and there they are those of your unit by its participation quota; outside that regime, they cannot be charged to the tenant.
What do I do if they ask me to pay?
Reply in writing. Point out that article 20.2 of the LAU bans passing estate-agency management and contract-formalisation costs on to you, under any concept or name.
Keep the evidence: any receipt, the listing or the draft contract where those costs appear.
The law behind this guide
Article 20 of the LAU as cited in this guide is the one in Royal Decree-law 29/2026 of 6 October, in force since 8 October 2026. Like every royal decree-law, it is subject to validation by the Congress of Deputies within thirty days of its promulgation (article 86 of the Constitution).
Example
The agency bills you €950 for 'management'
- Agency management costs charged to you
- €0
- Contract-formalisation costs charged to you
- €0
- What they can charge you, under any name
- €0
Art. 20.2 of the LAU: neither directly nor indirectly, under any concept or name.
Frequently asked questions
Since when can I not be charged agency fees?
The rule began with Real Decreto-ley 7/2019 for landlords that are legal entities, and Ley 12/2023 extended it to every landlord. The current wording of article 20.2 of the LAU is the one in Real Decreto-ley 29/2026 of 6 October, in force since 8 October 2026.
Can the agency charge me its commission?
No: estate-agency management and contract-formalisation costs cannot be passed on to the tenant, directly or indirectly, under any concept or name (art. 20.2 of the LAU).
What about the cost of drawing up the contract?
That cannot be charged either: preparing, formalising, managing, novating or renewing the contract falls under the same ban in article 20.2.
Can I be charged for an extra service I ask for?
Only if it is not essential for the contract to be perfected, you requested it expressly and in writing, and you were told beforehand that it was optional and what it cost (art. 20.2).
Can home taxes or community fees be passed on to me?
Taxes associated with the home cannot be imposed on you unless you are the taxpayer; and community fees cannot be charged to the tenant outside a horizontal-property regime (art. 20.1).
What do I do now?
Check the draft and any invoice
Look at the draft contract and any invoice for management or formalisation concepts.
Keep the evidence
Hold on to the receipts, the listing and the draft contract where those costs appear.
Reply in writing
Answer in writing citing art. 20.2 of the LAU: those costs cannot be passed on to you under any concept.
Related guides
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.