In Andalusia, as in the rest of Spain, real estate agents cannot legally charge commissions or fees directly to prospective tenants for long-term residential rentals. This rule is based on Spain’s Law 12/2023, known as the "Ley por el Derecho a la Vivienda" (Law for the Right to Housing), which took effect on May 26, 2023. The law amended the Urban Leases Act (Ley de Arrendamientos Urbanos) to mandate that all real estate agency fees related to rental contracts must be paid by the landlord, not the tenant. This applies whether the landlord is an individual or a company.
The goal of this regulation is to reduce financial burdens on tenants and increase transparency in the rental market. Before Law 12/2023, it was common for tenants to bear these costs, but the new legislation shifts the responsibility entirely to landlords.
Before Law 12/2023, tenants in Andalusia and across Spain commonly paid real estate agency fees—often equal to one month’s rent—especially when renting from individual landlords. However, this new law shifted the responsibility to the landlord for long-term residential leases (typically five years or more).
Short-term rentals (e.g., leases under 11 months) and tourist rentals may not be affected by this regulation. These types of rentals fall under different rules, such as regional tourism laws, meaning agency fee practices can vary.
Beware agents bearing false practices!
Despite the legal change, enforcement in Andalusia has been inconsistent. Some real estate agencies have reportedly found ways to circumvent the law, charging tenants under alternative pretexts like "administrative fees" or "tenant care services." These fees may cover services such as utility setup assistance or contract processing.
These practices have drawn scrutiny from consumer protection groups and the Andalusian regional government's consumer affairs authority. Authorities have launched investigations into agencies suspected of illegally charging tenants, but enforcement has faced criticism. In some cases, sanctions have been lenient, allowing agencies to retain collected fees while paying only minimal fines.
Tips for Tenants and Landlords
Both tenants and landlords can benefit from tips on how to navigate the financial aspects of long-term rentals. Understanding expectations and maintaining clear communication with agents can enhance the rental experience.
Ultimately, fostering clear lines of communication is key. Regular check-ins can help articulate needs and address concerns promptly, which is beneficial for both parties. When both tenants and landlords are on the same page, the chances of positive rental experiences increase significantly.
Conclusion.
Is it legal for a real estate agent in Andalusia to charge a tenant commission for a long-term rental?
The short answer is no. Under current Spanish law, real estate agents in Andalusia cannot legally charge prospective tenants a commission for long-term residential rentals. This is explicitly stated in Law 12/2023.
However, legality depends on the type of rental. While long-term leases are covered by this law, short-term (under 11 months) and tourist rentals follow different regulations, where agency fees may still apply.
In practice, some agents may attempt to impose hidden fees, risking penalties if reported and investigated by the Junta de Andalucía’s consumer protection authorities. If you encounter this, you can challenge the charge by referencing Law 12/2023 and, if necessary, escalate the issue to the regional consumer affairs office.
Sources.
https://www.andalucia.com/forums/viewtopic.php?t=14731
https://www.andalucia.com/property/agents.htm
https://www.surinenglish.com/spain/real-estate-agency-illegal-fees-tenants-20241023081237-nt.html