Can the letting agency charge you? Agency fees on a rental
Who pays property management and contract formalisation costs depends on the date you signed. These are the rules, with their article.
Reviewed on 9 October 2026Sources: Ley de Arrendamientos Urbanos · Real Decreto-ley 29/2026Who is behind this
Who pays, according to when you signed the agreement
Property management and contract formalisation costs depend on the date of your agreement:
- Agreements signed between 6 March 2019 and 25 May 2023: they are borne by the landlord when the landlord is a company (legal entity, persona jurídica). If the landlord is an individual, the law does not say who pays them.
- Agreements signed between 26 May 2023 and 7 October 2026: they are always borne by the landlord.
- Agreements signed on or after 8 October 2026: Real Decreto-ley 29/2026, in force since 8 October 2026 and awaiting validation by Congress, says that they cannot be charged to the tenant either directly or indirectly, under any heading or name. This covers any service to prepare, formalise, manage, renew or change the agreement; another service that is not needed for the agreement can only be charged if you asked for it in writing knowing that it was optional and what it cost.
A charge under another name, such as “credit check” (estudio de solvencia), “reservation” (reserva) or “management” (gestión), may be a fee. In an agreement before 8 October 2026, the review flags it for you to look at, without a figure; from that date, it counts it as paid too much, unless it was an optional service you asked for in writing.
Art. 20 LAU · RDL 29/2026
Worked example
Example. The letting agency charges you one month of a 900,00 € rent plus 21 % IVA (VAT): 900,00 € + 189,00 € = 1.089,00 €.
If you signed on or after 26 May 2023 it is a cost borne by the landlord, and if you signed on or after 8 October 2026, under Real Decreto-ley 29/2026, awaiting validation by Congress, it cannot be passed on to you under another name either. If you paid it, that is 1.089,00 € paid too much.
Art. 20 LAU
Laws
- LAU, art. 20.1, último párrafo (Real Decreto-ley 7/2019, de 1 de marzo) in force
- LAU, art. 20.1, último párrafo (Ley 12/2023, de 24 de mayo, por el derecho a la vivienda) in force
- art. 3.Doce, que da nueva redacción al art. 20.2 de la LAU (Real Decreto-ley 29/2026, de 6 de octubre) awaiting validation by Congress (pendiente de convalidación)
Frequently asked questions
Can I be charged agency fees?
Agreements signed between 6 March 2019 and 25 May 2023: they are borne by the landlord when the landlord is a company (legal entity, persona jurídica). If the landlord is an individual, the law does not say who pays them. Agreements signed on or after 26 May 2023: they are always borne by the landlord.
What if they call it a “credit check” (estudio de solvencia) or a “reservation” (reserva)?
A charge under another name, such as “credit check” (estudio de solvencia), “reservation” (reserva) or “management” (gestión), may be a fee. In an agreement before 8 October 2026, the review flags it for you to look at, without a figure; from that date, it counts it as paid too much, unless it was an optional service you asked for in writing.
My landlord was an individual and I signed in 2020: who pays?
Agreements signed between 6 March 2019 and 25 May 2023: they are borne by the landlord when the landlord is a company (legal entity, persona jurídica). If the landlord is an individual, the law does not say who pays them.