In Spain, more and more landlords are resorting to an unusual measure: rental contracts are increasingly being signed directly before a notary. The reason behind this is growing concerns over rental defaults, lengthy eviction procedures, and legal uncertainties in the Spanish housing market.
Spain Press Editorial Team
by Marlon Gallego Bosbach
More security for property owners
The trend of notarising rental contracts is primarily intended to provide landlords with greater legal security. When a rental contract is signed before a notary, the notary confirms the identity of the parties involved and the content of the agreement.
This creates an official document with greater evidential value, which can be more easily enforced in court in the event of a dispute.
Fear of rent arrears and lengthy legal procedures
A main reason for this development is the increasing conflicts between landlords and tenants. There are frequent instances where tenants fail to pay rent or refuse to leave the property.
In such cases, an eviction procedure in court can often take months or even years. During this time, the property owner typically receives no rent. Under Spanish rental law, tenant protection is relatively strong, which can further complicate conflicts.
Notarial contracts as an additional form of protection
By using a notarised rental contract, landlords hope to enforce their claims more quickly. Such a contract serves as a clear legal proof of the agreements made and can help avoid future disputes over the terms of the contract.
However, in most cases, a notarised contract does not replace a court procedure. If a conflict arises or there are rent arrears, an eviction process will typically still need to be initiated.
Costs for Notarisation
The notarisation of a rental contract comes with additional costs, typically ranging from 100 to 300 euros, depending on the scope of the contract and notary fees.
In many cases, the landlord covers these costs themselves or shares them with the prospective tenant.
Tense rental market
The trend coincides with a period of great uncertainty in the Spanish housing market. Experts predict that over 630,000 rental contracts will expire in 2026 alone. As a result, many landlords are considering re-renting their properties, selling them, or imposing stricter contract terms.
At the same time, rental prices continue to rise in many cities, while the supply of available properties remains limited.
Development with an uncertain future
The increasing use of notarised rental contracts highlights how tense the relationship between landlords and tenants has become in Spain. For property owners, the notary primarily offers one thing: greater legal security.
Whether this practice will become widespread in the long term will also depend on how the Spanish rental market and legal frameworks evolve in the coming years.
