There isn’t an official list of documents that can be requested to rent an apartment, but data protection law establishes the principle of purpose limitation: it is only lawful to request data that is necessary for the execution of the contract and the fulfillment of legal obligations. In other words, only information strictly necessary to verify if you have sufficient income can be requested.
-It is permissible to ask for an employment contract and a payslip. If you don’t have a fixed income, they may ask for a bank certificate to demonstrate your financial solvency.
Even though it is common practice, here is the list of abusive requirements:
-They cannot ask for your payslip history; one payslip is sufficient.
-Requesting your tax return or a bank statement with the last quarter’s transactions is unreasonable.
-It is illegal to require the payment of several months in advance. Only a one-month deposit can be included. However, an additional guarantee can be agreed upon by both parties, not exceeding two months’ rent (Art. 36 LAU).
-They cannot require you to make repairs in the apartment; the landlord is responsible for carrying out all necessary repairs to maintain the apartment’s habitability without this giving them the right to increase the rent (Art. 21 LAU).
-The tenant cannot be forced to take out a non-payment insurance policy. This is an abusive clause, as the tenant is not obligated to pay for it, though it is not illegal to agree on it between both parties.
-The real estate agency cannot charge you fees for contract mediation and formalization (Final Provision 1 of Housing Law 12/2023).
If documentation beyond this is requested, a complaint can be filed with the Spanish Data Protection Agency (AEPD).
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