If you let your home long term through an agency, it helps to know what you pay, what you can ask of the tenant and how to protect yourself if the rent stops. Several rules changed on 8 October 2026. Here is a summary with the law to hand, for homes in Estepona, Marbella, San Pedro de Alcántara and Benahavís.
Good to know: Several rules on this page come from Royal Decree-law 29/2026, in force since 8 October 2026. A decree-law must be confirmed by parliament within 30 days (Constitution, art. 86). If it is not, the earlier rules return. We flag each point that depends on it.
What an agency charges the owner
No fee is set by law. When a home is let long term, the usual fee is one month's rent, or about 10% of the first year's rent (fotocasa), plus 21% VAT (IVA). For a rent of €2,000 a month:
| Usual model | Fee | With VAT (21%) |
|---|---|---|
| One month's rent | €2,000 | €2,420 |
| 10% of the yearly rent | €2,400 | €2,904 |
Some agencies also charge a monthly fee to manage the let. Always ask in writing what each amount covers and whether VAT is included.
Our model. One fee, agreed in writing before we start and paid only when the lease is signed. No lease, no fee. It covers finding and checking the tenant up to signing. The tenant pays us nothing, before or after signing.
What the tenant may and may not pay
Since the 2023 Housing Law, the costs of property management and of drawing up the lease are paid by the landlord. Since 8 October 2026 the rule is stricter: these costs cannot be passed on to the tenant "ni directa ni indirectamente, bajo ningún concepto o denominación", meaning directly or indirectly, under any name (LAU, art. 20.2).
| The tenant may pay | The tenant may not pay |
|---|---|
| The rent, with at most one month in advance | Agency fees, even when called "management" or "consultancy" |
| The deposit and an additional guarantee within the legal cap | Costs of preparing, signing, renewing or changing the lease |
| Utilities measured by a meter | IBI property tax and other taxes on the home |
| Community fees, if the lease says so in writing with the yearly amount | Rent-default insurance, which cannot be required of them |
| An optional service they ask for in writing, knowing it is optional and what it costs | More than one month's rent in advance |
The rules on taxes, insurance and optional services come from RDL 29/2026 (LAU, arts. 20 and 36.5). The limit of one month's rent in advance is older (art. 17.2).
Deposit and additional guarantee
- Deposit (fianza): one month's rent, paid in money (LAU, art. 36.1).
- Additional guarantee (garantía adicional): optional. On home leases of up to 5 years, or 7 if the landlord is a company, it cannot be more than two months' rent (art. 36.5). It can be cash or a bank guarantee (aval). On temporary leases, the cap is one month.
- Total at signing: on a home lease, four months at most: the first month's rent, the deposit and up to two months of guarantee.
Who holds the deposit in Andalucía
Until January 2026, landlords had to lodge the deposit with the Andalusian housing agency (AVRA). The Andalusian Housing Law 5/2025 ended that duty for leases signed from 24 January 2026 (additional provision 6; AVRA notice). Now you hold it. Deposits lodged under the old rules stay with the regional government and are paid back on request as each lease ends.
Good practice:
- take the deposit by bank transfer, with a receipt that names it as the fianza;
- sign an inventory with photos with the tenant when you hand over the keys;
- at the end, both sign a check-out document. Since 8 October 2026, if none is signed or it lists no damage, the home is presumed returned in good condition (art. 36.7);
- return the balance within one month of getting the keys back. If not, it earns legal interest (art. 36.4).
Rent-default insurance
Rent-default insurance (seguro de impago de alquiler) pays the rent the tenant fails to pay, usually for 6, 9, 12 or 18 months depending on the policy, and covers the legal costs of an eviction. Many policies add cover for vandalism and unpaid utilities, with limits.
Price. It usually costs between 3% and 6% of the yearly rent (Arrenta; Selectra). For a rent of €2,000 a month, that is roughly €720 to €1,440 a year. The price depends mostly on the rent, the months covered and the excess.
What to check:
- Tenant check first. The insurer must approve the tenant before signing. Many want the rent to be no more than 40% of the tenant's net income (Pólizamédica).
- Waiting period and excess. Some policies do not pay the first month of arrears, or start paying only once a claim is filed in court.
- Who pays the premium. Since 8 October 2026 the tenant cannot be required to take out rent-default insurance (LAU, art. 36.5). If you want it, you pay for it. The premium is usually a deductible rental expense. Confirm with your tax adviser.
Public cover: Royal Decree 1135/2025 created state-funded cover for unpaid rent on home leases to tenants under 35 or in a vulnerable situation, at a rent within the reference index. Each region runs it. Ask the Junta de Andalucía whether it is open yet.
Foreign tenants without Spanish payslips
Many tenants arrive with a job, a business or a pension in another country. They have no Spanish payslips or Spanish tax return, and that does not mean they cannot pay. This is what we ask for:
- a passport or national ID card for each adult, and their NIE number or the date of their appointment;
- an employment contract and the last three payslips from their home country; if self-employed, their last tax return and recent business bank statements; if retired, their pension statement;
- bank statements showing savings, if their income is new or irregular;
- a reference from their last landlord;
- who will live in the home and from what date.
We check that the rent fits the income, that the documents match each other, and we call the references. We assess the ability to pay, never origin or language: Law 15/2022 bans discrimination in access to housing, and that includes agencies.
If the profile is tighter, the legal options are:
- the additional guarantee within the two-month cap, in cash or as a bank guarantee;
- a solvent guarantor who signs the lease;
- rent-default insurance, if the insurer accepts income from abroad. Some do.
What a home lease does not allow is demanding 6 or 12 months in advance (LAU, art. 17.2).
If the tenant does not pay
Every case is different, and it is wise to involve a lawyer from the first missed payment. In general, the path is:
- Talk early. A written reminder in the first few days.
- Formal demand. A burofax (a certified letter) claiming what is owed. If you send it at least 30 days before filing and the tenant has not paid, they can no longer stop the eviction by paying during the case (LEC, art. 22.4).
- Attempt to settle. Since 3 April 2025 you must show you tried to negotiate before filing, for example with a binding offer or mediation (Organic Law 1/2025). Your lawyer may combine this with the formal demand.
- Eviction claim for unpaid rent (desahucio por falta de pago), together with a claim for the rent owed.
- If the tenant is vulnerable. Since 8 October 2026, if the tenant proves economic vulnerability, the public administration has two months to offer them another home or pay what is owed. If it does neither, it takes over the debt and the lease continues (LEC, art. 22.6). In other cases there may be suspensions with compensation, unless you are a private individual who owns two homes or fewer (RDL 29/2026, art. 2).
An eviction can take many months, and longer if the tenant defends the claim. That is why tenant checks and insurance matter so much. Never change the locks, cut off utilities or remove the tenant's belongings yourself: you could face criminal proceedings.
If the tenant has left Spain. A Spanish judgment can be enforced in another EU country (Regulation (EU) 1215/2012). Outside the EU it is harder. Ask your lawyer.
How we work with owners
One fee, agreed in writing and paid when the lease is signed. Tenants with a complete file before the viewing. Home leases, with no charges for the tenant. More on our owners page and in The Honest Let.
This guide is general information about Spanish and Andalusian rules, checked on 9 October 2026. It is not legal, tax or insurance advice. Ask a lawyer about your own case.