«That's 500 € in agency fees, plus the deposit»
Charging tenants the agency's fees is still common in Spain, even though the law no longer allows it when renting a home. And there is a scam that takes advantage of it.
What the law says
Since 26 May 2023 (Law 12/2023 on the right to housing), article 20 of the Urban Leases Act (Ley de Arrendamientos Urbanos) says that property management and contract fees are paid by the landlord. It applies to renting a home as your main residence, even if the fee is called «honorarios» or «comisión».
Two very different cases
- A real agency that charges you. It is not a scam, but you do not have to pay it. Ask for an invoice with the agency's name and tax number (CIF) and ask why you are being charged. The local consumer office (OMIC) at the town hall can advise you for free.
- The scam. Someone shows the flat, or not even that, collects «fees» and a «deposit» from several people at once, and disappears. The giveaways: the rush («other people are interested»), money asked for before signing, payment by Bizum (Spain's instant phone payment) to a personal account, and no agency you can check.
Rooms and short-term lets
When only a room is rented, or a flat for a few months (for studies or work), the contract is not always covered by the same rules, and the agency-fee rule is less clear. Even so, whatever you pay should be in writing, with an invoice or receipt, and never before you have visited the property.
What to do
- Before the viewing, ask whether there are any fees for the tenant, and keep the answer.
- If you are charged, ask for an invoice with the agency's CIF and pay into the agency's account, not by Bizum to a private person.
- Check that the agency exists: address, its own website and phone number. If you can, visit the office.
The usual rule: no money, neither fees nor deposit, before visiting the property and signing a contract.
Already paid? See what to do now. And before signing, how to check the landlord.