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PROPERTY

Stricter requirements and screenings: Why it’s getting harder to rent in Spain

Demand for apartments to rent is growing, especially in Spain’s big cities, but it is also becoming increasingly difficult to find one due to strict rules and prerequisites.

Published: 1 November 2022 17:58 CET
Updated: 6 November 2022 09:04 CET
Stricter requirements and screenings: Why it’s getting harder to rent in Spain
Why renting is getting harder in Spain. Photo: Jilbert Ebrahimi / Unsplash

The apartment is not open to people who work remotely, you need a contract of at least €2,100 per month, you need to be over 35 years old, you need an annual income of over €25,000 and you need to prove you’ve been working non-stop over the past two years.

These are just some of the unrealistic demands agencies and landlords and have been asking tenants recently across Spain. 

Increase in cost

According to the latest data, the average price of rental housing in Spain was €1,169 per month last month in September 2022, which represents an increase of 3.85 percent compared to August.

The values ​​vary depending on the city. In Barcelona, it stands at €2,312, in Madrid at €1,776 and in Valencia and San Sebastián above €1,300.

The price stood at €11.2 per square meter which is, 6.4 percent more than in 2021 and not far from the peak, which was seen two years before that.

In the case of Madrid city, the figure for September stood at €16.3/m2, which marks a year-on-year increase of 10.8 percent; and in Barcelona at €17.8/m2, with an increase of 20.3 percent. 

According to the housing website Fotocasa prices in the capital of Madrid have reached “historic highs”, and not only in the centre but also in the outlying municipalities.

READ ALSO: How much can my landlord legally increase my rent by in Spain?

Waitlists

The increase in demand for places to rent means that there are now long waitlists in some cities in Spain. People are missing out on rentals if they can’t make the viewing straight away.

And when they are able to get to a viewing, they’re having to make a decision on the spot and sign right away, because if they take a few days to think it over, they will lose out.

Agencies are also reporting that many young people are signing rental contracts without even going for viewings as they’re too worried they’ll miss out.

This is not just happening in places such as Madrid and Barcelona, but also in nearby commuter towns or even small towns nowhere near these hubs, such as Ferrol in Galicia.

READ ALSO: Where are the cheapest places in Spain to rent a two-bedroom flat in 2022?

More requirements

The greater demand for homes means that landlords can afford to become more choosy and are adding more and more requirements for people to be able to rent their properties.

Some of the most common demands are that tenants must demonstrate job stability, have a minimum level of income, be of a certain age and be willing to put down a considerably large deposit. But more and more requirements are being added by landlords all the time.

In Madrid for example, tenants are being asked for salaries of around €2,100, proof of work life in recent years, renters insurance and real estate agency fees.

According to the tech website Xataka if your rent is €1,776 per month and you add the agency fees and a one-month deposit, this would rise to €5,300, which you would need to pay out at the start. Many people are unable to spend these large sums all at once.  

READ ALSO: How to rent a property in Spain without a job contract

Not everyone is eligible  

Reports in the Spanish press have said that some landlords are going even further and discounting some tenants from the outset.

Examples include that they need be over 35 years old, that they pay the IBI (yearly property tax), which in Madrid is an average of €439 and they are prohibiting people who work from home.  

Many of these are increasingly difficult, especially for those who are not allowed to work from home, as many remote jobs increased during the pandemic.

Some potential renters are even having to undergo interviews and send in CVs to rent an apartment, a practice which has become common in places like New York, but up until now was very rare in Spain.

Looking ahead to 2023  

To help with the costs of inflation and to stop landlords from increasing rental prices as much as they want, the Spanish Government established a limit of a two percent rise.

This, however, is a temporary measure, and people are concerned as to what will happen afterward if inflation continues.

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For members

LEGAL HELP

Noisy local fiestas: What to do when your Spanish town hall is responsible

Town and city fiestas are commonplace in Spain and they’re part of what made many of us fall in love with the country in the first place, but sometimes the town hall can overstep and the noise pollution just gets too much to bear for neighbours.

Published: 22 May 2024 09:35 CEST
Noisy local fiestas: What to do when your Spanish town hall is responsible

It’s bad enough in Spain when you have to deal with noisy neighbours or loud bars and clubs, but what about when the culprit is your ayuntamiento (town hall) or city council?

If you want to know what your rights are on noise from construction, find out here, what to do about noisy neighbours here and about bars and clubs here. 

During these local fiestas (every city, town and village has at least one a year), councils set up concert and performance venues form of open-air stages or tents called casetas or carpas.

In these cases, there’s often no sound insulation and the noise carries much further as everything happens outside.

Even though these festivals may only go one for a week or two, they can often disturb residents who aren’t in attendance and are trying to sleep.

You could be someone who needs extra sleep like a doctor, nurse or firefighter, you may be ill or have small children, there are many reasons why you might not be able or want to join in. Even if you are in the minority, your rights should still be respected.

In fact, in places such as Barcelona, when the local Gràcia festival takes place, there’s so much noise created by neighbourhood organisers that some people even decide to leave their apartments for the week as they know they won’t be able to sleep.

This option is of course not open to everyone, and in truth, you shouldn’t have to leave your home temporarily because of a celebration that is supposed to bring joy to the local population.

So, what can you legally do and what are your rights?

Even city and town councils must continue to comply with municipal by-laws during local fiestas. The Spanish Civil Code guarantees that you should have respect in your own home.

Law 40/2015, of October 1st, on the Legal Regime of the Public Sector, which came into force in October 2016, establishes that “Public Administrations objectively serve the general interests and act in accordance with the principles of effectiveness, hierarchy, decentralisation and coordination, with full submission to the Constitution and the Law”. 

This means that even the authorities must uphold the law and serve their people. They have a public responsibility to manage and to do it to the best of their abilities.

The first thing to keep in mind is that you stand a much better chance of getting your council to listen if you find other people who are affected too, so it’s not just you complaining on your own.

Make sure to talk to your neighbours or others living on the same street to find out if they’re also affected by the noise and form a group of people who share your grievances.

In theory, councils and ayuntamientos are in charge of enforcing celebration schedules, making sure the volume of music isn’t too loud, controlling the capacity at venues and enforcing alcohol laws so that people are not drinking on the street (if it’s not allowed in that region).

READ ALSO – FACT CHECK: No, Spain’s Balearics haven’t banned tourists from drinking alcohol

According to Law 7/2002 on protection against noise pollution, these are the maximum sound levels allowed for leisure venues:

Nightclubs: 104 decibels

Venues with musical entertainment: 90 decibels

Game rooms: 85 decibels

Bars and restaurants: 80 decibels

Find out if the festival events and activities infringe on any of these rules and regulations above and if they do then you have a case to take to your town hall.

Technically, the festivals should take place at a local fairground or somewhere away from the main residential area, but we know that this is not always the case. The concerts and events often happen in the very streets and squares where people live.

Firstly, you need to contact your ayuntamiento or local council or explain the problem. It’s best if you put it in writing so there’s a record of what you’ve said.

Try to include as much evidence as possible as to how the festivals are breaking the rules and include testimonials from as many neighbours as you can.

Organisers may not listen to you the first time, but if you keep contacting them, they will be forced to listen and have to respond.

If the situation is the same every year and they still don’t change anything, then you and your neighbours should contact a lawyer to represent you and take the matter to court.

This has actually been done several times by different communities throughout the country and in many instances, the law has sided with the people instead of the authorities.

In 2017, the Superior Court of Justice of Navarra, sided with a community of owners in Mutilva Baja when they complained about noise coming from an outdoor tent which had been erected for the festivities of the local patron saint. They claimed it was noise pollution above the legal levels and said the council had done nothing to try and reduce it.  

In another case in Getafe, thanks to a neighbourhood protest led by a lawyer specialising in noise pollution called Ricardo Ayala, the carnival celebrations were moved to the fairgrounds on the outskirts of the city.

Again in 2022, in Castilla-La Mancha, the Supreme Justice Tribunal imposed a sentence on the the Puerto Lápice City Council due to damages derived from noise pollution from musical events held in the town square.

The celebrations were not forced to be stopped completely but the council did have to agree with a limitation on hours and noise levels specifically for the concerts held in tents outside. It did not affect any other part of the festival.

Therefore, it is possible to take legal action against your ayuntamiento if they are breaking the law, but there’s no guarantee it will be a straightforward process.

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