Estate agents cannot charge a tenant a commission when the landlord is a legal person

Raymundo Larraín Nesbitt, January, 3. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
3rd of January 2023

We offer several services when it comes to renting out property in Spain. It never ceases to amaze me when a client hires us and lets us know the estate agency they are dealing with is in fact charging them (the tenant) a hefty commission for the rental of a property whose landlord is a company.

By law, since March 2019, estate agents can only charge landlords for any rental commission, never the tenant. It is often I find out that agencies are charging thousands of euros, from both the landlord and the tenant (!), when it is unlawful.

If you are a tenant, you are under no legal obligation to pay an estate agency for their commission on properties let out by legal persons. Only this tip saves our clients thousands of euros every year.

Rental-related services offered by LNA:

At Larrain Nesbitt Abogados we have over 20 years’ experience buying, selling, and renting properties. We are also specialized in taxation, immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.