Spain Rental Agency Fees After the October 2026 Reform: Who Pays
Jules
Editor
Updated: October 2026 | Found helpful by 6 others
In Spain the landlord pays: since Real Decreto-ley 29/2026 entered into force on 8 October 2026, LAU art. 20.2 bars passing landlord-side management and contract-formalisation costs to the tenant, directly or indirectly, under any concept. Seasonal and temporary-housing contracts signed before 8 October 2026 keep their previous regime until their agreed term ends, and Real Decreto-ley 26/2026, derogated on 2 October 2026, is not authority.
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Who Pays the Agency Fee Under the Current LAU?
Agency and contract costs
Landlord-side management and contract-formalisation costs (gastos de gestion inmobiliaria y de formalizacion del contrato) cannot be passed to the tenant directly or indirectly under any concept (LAU art. 20.2 as amended by RDL 29/2026). Seasonal and temporary-housing contracts signed before 8 Oct 2026 keep their previous regime until their agreed term ends.
Applies to: LAU leases from 8 Oct 2026. In force from 8 October 2026. Source: BOE: Real Decreto-ley 29/2026
The wording "under any concept" matters: a management or contract-formalisation cost that falls on the landlord side cannot be moved onto the tenant directly or indirectly, under any concept, for leases covered by the current LAU.
Which Contracts Keep the Old Regime?
Real Decreto-ley 29/2026 has a transitional provision: seasonal and temporary-housing contracts signed before 8 October 2026 keep their previous regime until their agreed term ends. Contracts signed from 8 October 2026 fall under the amended LAU.
Guides written before October 2026 that say the tenant always pays the agency fee on a seasonal let are out of date for contracts signed from 8 October 2026. Check the signing date on your contract first: it decides which regime applies.
Does RDL 26/2026 Still Apply?
RDL 26/2026: Derogated by Congress on 2 October 2026; not used as authority. Source: BOE: derogation of Real Decreto-ley 26/2026.
Anything that cites Real Decreto-ley 26/2026 as the basis for an agency-fee rule is relying on a derogated text. The controlling sources are the consolidated LAU and Real Decreto-ley 29/2026.
What Should You Do If You Are Asked to Pay?
- Challenge it in writing. Cite LAU art. 20.2 as amended by Real Decreto-ley 29/2026, in force since 8 October 2026, and ask the landlord or agency to remove the charge.
- Otherwise walk away and document. Keep the listing, messages and any written demand so you have a record of what was asked.
- Do not pay because a blog calls it customary. Custom does not override the current LAU.
This is general information, not legal advice. Where your contract or arrangement is unusual, get advice on your specific case.
| # | Situation | Best answer | Runner-up | Why | Ruled out |
|---|---|---|---|---|---|
| E6 | Landlord demands agency management fee in covered rental | Written challenge citing current LAU/RDL 29/2026 | Walk away and report/document | Direct/indirect pass-through is the legal issue | Paying because an old blog calls it customary |
What About the Fianza and Other Guarantees?
The agency-fee rule is separate from the tenant's legal deposit (fianza) and any additional guarantee. Those rules, as amended by Real Decreto-ley 29/2026, are summarised in the current rental rules on the Living in Spain hub and in the fianza facts page.
Frequently Asked Questions
Who pays the rental agency fee in Spain after 8 October 2026?
The landlord. Under LAU art. 20.2 as amended by Real Decreto-ley 29/2026, in force since 8 October 2026, landlord-side real-estate management and contract-formalisation costs (gastos de gestion inmobiliaria y de formalizacion del contrato) cannot be passed to the tenant directly or indirectly under any concept.
Does the agency-fee rule apply to seasonal or temporary rentals in Spain?
For contracts signed from 8 October 2026, guides written before October 2026 that say the tenant always pays on a seasonal let are out of date. The transitional provision of Real Decreto-ley 29/2026 keeps the previous regime only for seasonal and temporary-housing contracts signed before 8 October 2026, until their agreed term ends.
Is Real Decreto-ley 26/2026 still valid for Spanish rentals?
No. Congress derogated Real Decreto-ley 26/2026 on 2 October 2026, so it is not authority for any rental rule. The current sources are the consolidated LAU and Real Decreto-ley 29/2026, as of October 2026.
What can I do if a Spanish landlord or agency asks me to pay the fee?
Challenge the charge in writing, citing LAU art. 20.2 as amended by Real Decreto-ley 29/2026 (in force 8 October 2026). If the demand stays, the fallback is to walk away and keep a record of the request. This is general information, not legal advice: get advice on your own contract where the arrangement is unusual.
Sources
- BOE: Real Decreto-ley 29/2026 (accessed 2026-10-25)
- BOE: Ley 29/1994 de Arrendamientos Urbanos (consolidated) (accessed 2026-10-25)
- BOE: derogation of Real Decreto-ley 26/2026 (accessed 2026-10-25)
Change log
Updated
- Published: who pays rental agency fees in Spain after Real Decreto-ley 29/2026