Feel Marbella before you settle.

Which contract you sign

A main home is let on a long-term lease under the Urban Leases Act (Ley de Arrendamientos Urbanos, LAU). A stay for work, study or a season is a seasonal lease, also under the LAU but with more freedom to agree terms. Days or weeks in a licensed holiday home are tourist accommodation under Andalusian rules. The type decides your rights, so the contract must match how you will really use the home.

How long a long-term lease lasts

You can stay up to five years if the landlord is a private person, or seven if it is a company, even if the contract says one year: it renews each year unless you give notice. After that it can renew for up to three more years. You can leave after the first six months with 30 days’ written notice; the contract may set a penalty of up to one month’s rent for each year left.

Deposit and guarantees

The legal deposit (fianza) is one month’s rent for a main home and two months for a seasonal lease. On a long-term lease the landlord may also ask for an extra guarantee, such as a bank guarantee, of at most two months’ rent. The deposit comes back when you return the keys, less any damage beyond normal wear; if it is not returned within a month, it earns legal interest.

Where the deposit is kept

Since 24 January 2026, landlords in Andalusia no longer have to lodge the deposit with the regional housing agency (AVRA). Ask for a receipt for every payment and keep it with your contract.

Agency fees

On a long-term lease of your main home, the agency fees and the cost of drawing up the contract are paid by the landlord, by law since 2023. For seasonal and holiday rentals, fees are agreed freely: ask for them in writing before you commit.

Rent increases

The rent can rise only if the contract has an update clause, once a year, and for leases signed since May 2023 by no more than the official rental index (IRAV) published by the National Statistics Institute.

Who pays what

You pay the rent, electricity, water, gas and internet, and small repairs from everyday use. The owner pays the repairs that keep the home fit to live in, and usually the property tax (IBI) and community fees; if the contract passes these on to you, it must say so and give the yearly amount.

Documents you need

Your passport, an NIE (foreigner’s tax number) for a long-term lease and for utilities, and proof of income: an employment contract, payslips, a tax return or bank statements. Some landlords also ask for a reference from a previous landlord.

Furnished or unfurnished

Holiday and seasonal homes come furnished, and many long-term homes in Marbella do too. An inventory with photos, signed by both of you at check-in, protects your deposit at check-out.

Holiday homes and the licence

A holiday home in Andalusia must be listed in the Andalusian Tourism Register, and its registration number must appear in every advert. No number is a warning sign. The host must also record each guest’s details for the authorities.

Registering at the town hall

With a rental contract you can register on the padrón at your town hall (Marbella, Benahavís or Estepona). You need it for schools, the public health system and residency applications.

When to start looking

Long-term homes in the hills are few and let quickly: start six to eight weeks before you want to move. Book July and August holiday stays months ahead. Winter is the easiest time to find a longer stay.

Avoiding scams

Never pay for a home you have not seen, in person or on a live video call. Check that the person signing owns the home or is authorised to let it, pay by bank transfer to a Spanish account in their name, and be wary of prices far below the market.

General information on Spanish and Andalusian law as of November 2026, not legal advice. Every contract is different: we read yours with you, and a lawyer can confirm it before you sign.