Rental Lawyer in Malaga
Lawyers specialising in Rentals and Leases
In the world of leases, problems can arise at any time. Whether you are renting a property, signing a lease or dealing with cohabitation problems, the legal challenges can be overwhelming.
This is where a Malaga rental lawyer can be of great help.
Problems can range from contractual disputes, passing on price rises, to problems with termination of the lease and repossession of the property.
However, no matter how complex the problem, a good rental and leasehold lawyer can help find a solution.
Rental or lease contracts: relevant aspects
Whether you are the owner (landlord) or the tenant (lessee) it is important that you know the most relevant aspects of the contract.
Rights and duties of the landlord
The law on urban leases regulates in a very specific way the rights and duties of the landlord.
Your rights as a tenant
It is important to know all your rights before signing a contract.
The rental contract
The contract is conditioned by the law, so it is very important to draft it correctly. Do not sign it without consulting your lawyer.
Deadlines and documents
In the rental relationship it is very important to respect the deadlines and documents required by law.
Legislative changes
Housing is one of the most important matters for society and every year some law is modified that affects it. It is important to keep up to date.
Rentals of warehouses and premises
They are regulated in a completely different way, and it is much more important what is signed in the contract.
How a lawyer can help you with your rent
The rental of properties in Malaga city has experienced a significant increase in recent years, which has led many to face difficulties in finding affordable housing.
According to available data, the average monthly rental price for flats currently on the market is 950€. The monthly rental price for 80% of the properties is between 380 € and 1950 €. The average rent per m² in Malaga is 180 € / m² / year.
This increase in rental prices can be attributed to several factors. One of them is the growing demand for rental housing in the city. Malaga is an attractive city to live in due to its pleasant climate, its rich history and culture, and its vibrant gastronomic and leisure scene. This has led to an increase in demand for rental properties, which in turn has led to an increase in prices.
Another factor contributing to rising rental prices is the shortage of available housing. Despite increasing demand, the supply of rental housing in Malaga has not been able to keep pace. This has led to a situation where demand outstrips supply, which in turn has led to an increase in rental prices.
In addition, the gentrification of certain neighbourhoods in Málaga has also contributed to the increase in rental prices. As these neighbourhoods become more desirable, rental prices in these areas have increased, which in turn has led to a general increase in rental prices throughout the city.
These high rental prices can present significant challenges for many tenants. For those with low to moderate incomes, these high rental prices can make it difficult to find affordable housing. In addition, even those with higher incomes may find themselves struggling to pay rent due to the high cost of living in the city.
And, for landlords, who run the risk of non-payment or, worse, squatting.
A rental lawyer is an expert in all the issues that can arise when signing leases and can help you navigate the complex negotiation, legal and bureaucratic procedures.
Whether you need advice on leases, landlord-tenant issues or any other rental-related matter, a good lawyer will provide you with the guidance and help you need.
What you need to know about the lease agreement
To start the appropriate process, you will need to provide certain documentation:
- Lease contract.
- Minutes of Community Meetings.
- Property registers.
- Other documentation related to your case.
At that time, your lawyer will review these documents, identify any potential problems and advise you on the next steps.
Timelines may vary depending on the nature of your case. Cases involving problems with public leases, for example, may take longer due to the need to interact with various administrations.
However, an experienced lawyer can help speed up the process and ensure that all deadlines are met.
The best rental lawyers in Malaga?
It is not for us to say, we prefer to let our clients speak for us. In any case, what we are sure of is that we are among the best law firms in the capital of the Costa del Sol.
Why are we so confident? Because we have have years of experience drafting contracts and handling lease cases and we have the knowledge and experience to handle a variety of cases.
Whether you are dealing with negotiating a new lease, need advice on problems with an existing lease or need help with your property leases, we can provide the advice and representation you need.
Whether these or other related cases:
Doubts you may have
What is the duration of a rental contract?
Any term can be agreed in a rental agreement, but the minimum will be 5 years if the tenant decides to stay.
Afterwards, it is extended for another 3 years if no one communicates that they want to terminate it, with a minimum of a few months’ notice.
If the landlord is a company, the terms are longer.
Does the landlord have the right to enter the rented property?
You always need the tenant’s permission.
Even if there is a clause in the contract that allows an unannounced visit, this is expressly limited by law.
Who has to fix what breaks?
In a furnished flat, the owner will have to fix anything that breaks in the floor, walls or installations.
Or you can fix it yourself and then claim it back from him if he does not do so, as the furniture and electrical appliances are yours and you will take them with you when you leave.
If it is furnished, the repairs can be agreed by contract, but in general, the landlord will have to fix anything that breaks due to wear and tear, except for small utensils or furniture that break due to misuse (holes, falls, etc.).
Can the landlord demand a minimum stay?
No, the tenant can leave freely after the first six months, although a penalty can be agreed for the tenant if he/she leaves before the end of the contract.
What is the amount of the deposit?
The deposit should be the equivalent of one month’s rent, whether the flat is furnished or not, and a maximum of three months’ rent.
The law stipulates that it must always be deposited in the autonomous community, which is not usually done. This is often not done. This is detrimental to the public subsidies that the tenant can receive.
The landlord has 30 days to return it, after checking it and verifying that there are no damages.
Can the rent be increased once the contract has been signed?
No, it can only be updated in accordance with the CPI if it has been stipulated in the contract, with prior notice from the owner and, always, with the limitations established by law (3% for 2024).
What information must be provided before signing the contract?
- The identification of the lessor and the agency.
- The price, what it includes, and the method of payment.
- The essential characteristics of the property and the building:
- Certificate or certificate of habitability.
- The useful and constructed surface area of the property.
- Age of the building.
- Services and installations of the dwelling, both individual and communal.
- Energy efficiency certificate of the dwelling.
- Accessibility conditions of the dwelling and the building.
- Occupancy status of the property.
- Simple Registry Note.
- If it is VPO, its conditions.
- If it is protected, the details of the protection.
Can the real estate agency ask for the payment of any amount?
With the latest reform of the law, the payment to the agency must be made by the owner.
Would you like to give us a consultation? The first one is FREE
Write or call us and tell us about your situation.
If we can help you directly, we will provide you with the information you need. If not, we will refer you to the right professional.
In either case, you will be closer to a solution.
We are in Malaga
The office is located on the main road of Malaga city. Very easy access by car, bus or train.
Office
Avenida Andalucía 25, 8ºB
29006, Malaga.
Opening hours
Monday to Friday:
8:00-15:00
Tuesady:
17:00-20:00
Client Reviews
Here you can see what our clients are saying about our firm.
Additionally, in this link you can find reviews on Google: See reviews on Google
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Fernando fue un gran apoyo durante todo el proceso de mi despido injusto. Desde el primer momento, me dio tranquilidad y confianza, explicándome cada paso con claridad y defendiendo mis derechos con firmeza. Gracias a su profesionalidad y dedicación, logramos una indemnización justa. No solo es un excelente abogado, sino también una persona cercana que realmente se preocupa por sus clientes. ¡Totalmente recomendable!
Julia Maria Baez Montilla
16 de March de 2025 -
Profesional Excelente en defender los derechos e intereses de sus clientes. Fernando García es uno de los mejores abogados de Málaga. lo recomiendo 100%.
FRANCISCA FERNANDEZ MONTIEL
11 de December de 2023 -
Fernando ha sabido llevar mi caso con mucha profesionalidad y seriedad. Me ha transmitido mucha tranquilidad y confianza,cosa que en estas situaciones se agradece mucho,100% recomendable.
Miriam De la rosa
9 de December de 2023 -
Me ayudó a resolver un gran problema de arrendamiento, es un excelente profesional, muy atento y un gran excelente en defender los derchos, siempre lo recomendaré mucho, ¡muchas gracias Sr. Fernando por todo!
Shuli Wu
28 de August de 2024 -
Muy contenta. Sin su asesoramiento nos habríamos visto desprotegidos. Y el trato ha sido cercano y fácil.
María Ortiz
8 de May de 2026 -
Tenía un problema con mi contrato de alquiler y me han ayudado a resolverlo con el propietario. Muy amables y muy rápidos.
Pamela Cabral Tiburcio
3 de November de 2025 -
Serio y profesional. Sin duda lo recomendaré.
Fernando Garrido de la Fuente
9 de December de 2023 -
Serio y profesional. Sin duda lo recomendaré.
Fernando Garrido de la Fuente
9 de December de 2023 -
Increíble trato, profesionalidad y cercanía, sobre todo de Fernando, nos han llevado el caso de la mejor manera, lo recomiendo al 100%
Manu Pita Gutierrez
27 de October de 2024 -
Increíble trato, profesionalidad y cercanía, sobre todo de Fernando, nos han llevado el caso de la mejor manera, lo recomiendo al 100%
Manu Pita Gutierrez
23 de October de 2024