Three kinds of letting, and why the label matters
Renting in Mallorca is governed by Spain’s national tenancy law, the Urban Leases Act, Law 29/1994, known as the LAU. Since 8 October 2026 it recognises two kinds of home letting: a lease of your main home and a temporary lease. Renting a single room in a shared home is covered by the same rules. Holiday lets sit outside the LAU and follow the Balearic tourism rules. The type of letting decides how long you can stay, what you can be charged and how you can leave. The law looks at what the letting is really for, so check that the label on the contract matches how you will use the home.
| Point | Main-home lease | Temporary lease | Holiday let |
|---|---|---|---|
| What it is for | Your permanent home | A stay while you are away from your main home for a stated reason you can prove | Tourist stays |
| Length | Freely agreed, but you can extend it to 5 years (7 if the landlord is a company) | More than 31 days, normally no more than 12 months | No more than a month (30 nights) under Balearic rules |
| Main rules | LAU, Title II | LAU, Title II, with special rules in articles 7.2, 9 bis, 11.2 and 21 bis since 8 October 2026 | Balearic Tourism Law 8/2012 and a holiday-let registration |
| Legal deposit | One month’s rent | One month’s rent | Not covered by the LAU |
| Leaving early | After 6 months, with 30 days’ notice | After 1 month, with 10 days’ notice | As the booking terms say |
- LAU
- Ley de Arrendamientos Urbanos: the Urban Leases Act of 1994, Spain’s tenancy law. It applies across Spain, including the Balearic Islands.
- Arrendamiento de vivienda habitual
- A lease of your main home. The tenant has the strongest protection on length and notice.
- Arrendamiento de vivienda temporal
- A temporary lease for someone temporarily away from their main home for a justified reason. It replaced the old seasonal lease (arrendamiento de temporada) on 8 October 2026.
- Fianza
- The legal deposit, paid as money when the lease is signed.
- Garantía adicional
- An extra guarantee on top of the deposit, such as a further cash sum or a bank guarantee.
- Persona jurídica
- A company or other legal entity, as opposed to a private individual (persona física). Several LAU rules depend on which one your landlord is.
- IRAV
- Índice de Referencia para la Actualización Anual de los Contratos de Arrendamiento de Vivienda: an index published by Spain’s statistics office (INE) that caps yearly rent increases.
- Cédula de habitabilidad
- The Balearic habitability certificate, issued by the Consell de Mallorca (the island council), which can delegate this to town halls. It confirms a home is fit to live in.
- Padrón
- The town hall’s register of the people who live in the municipality.
What changed in October 2026, and why it may change again
On 6 October 2026 the government issued Royal Decree-law 29/2026, published on 7 October and in force since 8 October 2026. It rewrote the LAU rules on seasonal and room lets and added new protections for tenants. A decree-law takes effect at once, but under article 86 of the Constitution Congress must approve or reject it within 30 days of its issue. Press reports on 16 and 27 October 2026 said the vote on Royal Decree-laws 28/2026 and 29/2026 is expected around 12 November 2026, but it had not been formally called by 27 October.
Congress voted down an earlier version, Royal Decree-law 26/2026, on 2 October 2026. Parliament was then dissolved on 6 October 2026, by a decree of 5 October, with a general election on 29 November 2026, so the vote falls to its standing committee (Diputación Permanente), which approved other decree-laws on 16 October. No vote on Royal Decree-law 29/2026, or on the companion Royal Decree-law 28/2026, had been published in the BOE, Spain’s official gazette, by 24 October 2026.
- Temporary lets must state a real, provable reason. Without one the contract counts as a main-home lease from the start.
- Property taxes such as IBI (the yearly property tax) cannot be passed to the tenant unless the tenant is the taxpayer, and the ban on charging tenants agency and contract fees is tighter.
- A landlord cannot require rent-default insurance, and the extra guarantee on a temporary lease is capped at one month’s rent.
- A tenant who leaves a main-home lease after six months, with proper notice, owes the landlord no compensation.
- Landlord and tenant must sign a written record of the home’s condition when the tenancy ends.
- A tenant can no longer sign away the right of first refusal if the landlord sells.
- Until 31 December 2027 yearly rent updates are limited further: without a new agreement the rise cannot exceed 2% (final provision 6).
- Tenants whose main-home lease was already running on 8 October 2026 and whose minimum term ends before 31 December 2028, or whose later yearly extensions end, can ask for up to two extra years if they have paid rent on time for the previous eight months. There are exceptions (final provision 5).
Main-home leases: how long they last and how to leave
You and the landlord can agree any length. If it is shorter than five years, or seven if the landlord is a company, the lease extends year by year until it reaches that minimum, and the landlord cannot refuse. You can stop it at the end of the contract or of any yearly extension by giving at least 30 days’ notice. So a one-year contract lets you stay longer if your search takes time, and you can still leave once six months have passed.
| What | Rule | LAU article |
|---|---|---|
| Minimum term, at the tenant’s option | 5 years, or 7 if the landlord is a company | 9.1 |
| Leaving early | After 6 months, with at least 30 days’ notice and no compensation due | 11 |
| Not renewing a yearly extension | Tell the landlord at least 30 days before it ends | 9.1 |
| Landlord needs the home back | Only after the first year, only if the landlord is an individual and the contract says so, for the landlord, a parent or child, or a spouse after divorce or separation, with at least 2 months’ notice | 9.3 |
| After the minimum term (rule until 14 November 2026) | Unless the landlord gives 4 months’ notice or you give 2, the lease extends yearly for up to 3 more years; you can then leave on 1 month’s notice before each yearly date | 10.1 |
| Rent paid in advance | No more than one month | 17.2 |
The 2023 Housing Law (Law 12/2023) lets regions declare stressed residential market zones, where rents on new contracts are capped and tenants can ask for up to three extra years. A Royal Decree of 21 October 2026 on state aid for those zones lists the areas declared so far: in the Basque Country, Catalonia, Galicia, Asturias and Navarre. No area of the Balearic Islands has been declared.
Temporary lets and holiday lets
A temporary lease is for someone who needs a home for a while because they are away from their main home for a justified reason they can prove. The contract must state the reason, and the landlord bears the burden of proving it. If the reason is missing, the law treats the contract as a main-home lease from the day it was signed. The lease must last more than 31 days and normally no more than 12 months in total, unless the reason continues. If it runs past 12 months without justification, or the same landlord and tenant sign more than two temporary leases in a row for the same home, the first one counts as a main-home lease. You can end a temporary lease after one month with 10 days’ notice.
The law defines a temporary lease by the tenant being temporarily away from their usual home for a justified reason. So whether house-hunting qualifies depends on your situation, for example whether you still keep a main home in another country. These rules are new, so the courts have had little time to interpret them. A lawyer can tell you which contract fits your case: see Choosing a lawyer.
Money at the start: deposit, guarantees and fees
| Item | Legal limit | Source |
|---|---|---|
| Deposit (fianza) | One month’s rent for a home, paid as money. Two months for lets that are not homes | LAU art. 36.1 |
| Extra guarantee (garantía adicional) | Up to 2 months’ rent on a main-home lease of up to 5 years (7 with a company landlord). Up to 1 month on a temporary lease | LAU art. 36.5 |
| Rent-default insurance or similar cover | Cannot be required of the tenant | LAU art. 36.5, since 8 October 2026 |
| Rent in advance | No more than one month | LAU art. 17.2 |
| Agency and contract-drafting fees | Landlord’s cost. Cannot be passed to the tenant directly or indirectly, under any name | Law 12/2023 from 26 May 2023; LAU art. 20.2 since 8 October 2026 |
| Property taxes such as IBI | Cannot be passed to the tenant unless the tenant is the taxpayer | LAU art. 20.1, since 8 October 2026 |
| Community fees | Only if the contract says so in writing and states the yearly amount | LAU art. 20.1 |
On agency fees, the 2023 Housing Law made agency and contract costs the landlord’s from 26 May 2023. That rule sat in the part of the LAU on homes, while seasonal lets were then classed as lets for uses other than housing, so it did not expressly cover them. Since 8 October 2026 temporary leases are covered as well. An extra service can be charged to you only if you asked for it in writing after being told it was optional and what it costs.
The Balearic Islands run a compulsory deposit register under the Balearic Housing Law (Law 5/2018) and Decree 22/1989, as amended. Deposits are lodged with the Balearic Housing Institute (IBAVI), and since 4 April 2022 the Balearic Islands’ official college of property administrators (CAFBAL) has managed them. Lodging and cancelling deposits is done online.
You pay the deposit to the landlord
At signing (LAU art. 36.1). Rent must be paid by electronic means, such as a bank transfer, unless one side has no bank account or electronic payment and asks to pay in cash (LAU art. 17.3).
The landlord lodges it
Within 30 working days of signing, the landlord must deposit it with the Balearic register. It earns no interest while it is there.
You can check
Either party can ask the register in writing whether the deposit was lodged, enclosing the contract and an identity document.
At the end
The landlord recovers the deposit from the register and returns what is due to you. A balance not returned within one month of handing back the keys earns legal interest (LAU art. 36.4).
What landlords and agencies ask for
The LAU does not list the documents a tenant must provide. A written contract has to identify both parties, the home, the length and the starting rent (art. 37), and a landlord may want evidence that you can pay. Documents that can show this include the following.
- A passport or national identity card, and your NIE (foreigner’s identity number) if you have one. See How to get a NIE number.
- Evidence of income or funds: an employment contract and payslips, a pension statement, a tax return or bank statements.
- If you are self-employed or retired, recent accounts or statements of savings and investments.
- For a temporary lease, evidence of the reason for your stay, because the landlord has to be able to prove it (art. 7.2).
What to check before you sign
- Holiday let or residential: ask whether the home has a holiday-let registration and, if so, whether it will be let to tourists while you are there.
- The landlord: check that the person signing owns the home or is authorised to let it, for example with a nota simple, the land registry extract described in Surveys and checks.
- The contract type, and for a temporary lease the stated reason and dates.
- Length, any clause letting the landlord take the home back for family use, and the notice periods.
- Money: deposit, any extra guarantee, who pays community fees and utilities, and the yearly rent-update clause.
- The habitability certificate (cédula de habitabilidad), or for some homes a first-occupation licence. Balearic law requires one to occupy or let a home and a copy with the contract; if there is none, the contract must say so. Utility companies ask for it, and for your rental contract, before opening supply contracts in your name.
- The energy label. A copy must be attached to the lease, and adverts must show the energy rating (Royal Decree 390/2021, art. 17).
- An inventory: a dated list of furniture and contents, with photos of their condition, signed by both of you.
During the tenancy and when you leave
Rent can only go up once a year, on the anniversary of the contract, and only if the contract provides for it. The increase cannot exceed the change in the IRAV index. Until 31 December 2027 a further limit applies: if the rent is above the maximum price under the official system of rent reference indices there is no increase, and otherwise, without a new agreement, the rise cannot exceed 2% (Royal Decree-law 29/2026, final provision 6).
The landlord must keep the home habitable. On a main-home lease small repairs caused by everyday wear are yours; on a temporary lease they are the landlord’s. For damage affecting habitability, safety or health you can send a written request with a reasonable quote. The landlord then has 15 calendar days to accept it, propose another repair or do the work. If there is no answer or an unjustified refusal, you can have the work done and deduct the cost from future rent (art. 21.5). On a temporary lease the landlord must answer within 5 working days (art. 21 bis).
If your landlord decides to sell the home you rent, you have a right of first refusal: 30 calendar days from formal notice to buy it on the same terms. If you were not told, or the home was sold for less or on easier terms, you can claim the home from the buyer within 30 calendar days of the buyer formally notifying you of the sale (LAU art. 25). This can matter if you end up wanting to buy the place you are renting: see The buying process.
Give notice
In a way you can prove, at least 30 days ahead for a main-home lease after the first six months, or 10 days ahead for a temporary lease after the first month. The LAU allows notices by email to an address the parties have named, if sending and receipt can be proved (art. 4.6).
Check the home together
Walk through the home with the landlord and compare it with the inventory.
Sign the end-of-tenancy record
A written record of the condition of the home, signed by both of you (LAU art. 36.7).
Get the deposit back
The landlord returns the deposit, less any amount justified by unpaid rent or damage. After one month from handing back the keys, any balance still owed earns legal interest.
Registering on the padrón
Anyone living in Spain must register on the padrón of the municipality where they usually live. Someone who lives in more than one Spanish municipality registers only in the one where they spend most of the year (Law 7/1985, art. 15). The certificate of registration (certificado de empadronamiento) is used as proof of address in many procedures, such as school places and a health card. Each Mallorca town hall runs its own register. The details below are Palma’s, from its information sheet of February 2026.
Booking, the registration sheet and the identity documents are the same for owners and tenants, and are set out in Moving to Mallorca. In Palma you can also book by phone on 010 (2 pm to 11 pm), but only for urgent cases you can prove, such as an application deadline less than 30 days away. What a tenant needs on top is proof of living at the address:
Prove you live there
As the tenant: a copy of a rental contract of at least six months (unless you show you live there most of the year), with proof of the current or previous month’s rent payment if more than three months have passed since signing. Or your latest gas, water or electricity bill in your name, from the current or previous month. Someone living in a home rented by another person needs that person’s signed authorisation, a copy of their identity document and their contract.
Or apply online
Adults with a digital certificate or electronic identity card who are the holder of the home, or have the holder’s authorisation, can apply through Palma’s electronic office. No one can apply online on another adult’s behalf.
Questions buyers ask
I only need somewhere for a few months while I look. Which kind of contract applies?
It depends on your situation. If you keep a main home elsewhere and come for a justified reason you can prove, a temporary lease of more than 31 days may fit; if Mallorca is now your home, the let counts as a main-home lease, which you can still end after six months with 30 days' notice.
Can the agency charge me a fee for finding the home?
Not for agency and contract work on a home. Since 26 May 2023 those costs are the landlord’s, and since 8 October 2026 they cannot be passed to you directly or indirectly, on temporary leases too. You can be charged only for an optional extra service you asked for in writing after being told its cost.
When do I get my deposit back?
The deposit guarantees your obligations under the lease, such as rent and damage beyond normal wear. What remains must be returned when you leave, and any balance still unpaid one month after you hand back the keys earns legal interest.
Do rent caps apply in Mallorca?
Not the caps on new rents, as of October 2026. Those apply only in declared stressed zones, and a Royal Decree of 21 October 2026 that lists the zones declared so far includes none in the Balearic Islands. Yearly updates are capped by the IRAV index, and until the end of 2027 a rise cannot exceed 2% without a new agreement.
Do I need my landlord’s permission to register on the padrón?
In Palma, not if you are the tenant named on the contract: you use the contract, normally of at least six months, with a recent rent receipt once three months have passed, or a utility bill in your name. People living in a home rented by someone else need that person’s signed authorisation.
What happens if the October 2026 decree-laws are voted down?
The changes made by Royal Decree-law 29/2026 would lapse from the date of the vote, as happened to the earlier version on 2 October 2026, and Royal Decree-law 28/2026, due to apply from 15 November, would not take effect. A lawyer can tell you how a contract signed while they were in force would be treated.
Sources
The official and published sources this guide relies on, checked in October 2026.
- Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (consolidated text, last updated 7 October 2026) BOE (Boletín Oficial del Estado)
- Ley 29/1994, artículo 11, version in force from 6 June 2013 (Law 4/2013) BOE (Boletín Oficial del Estado)
- Ley 29/1994, artículos 3 (original text) and 25 (version of 2019) BOE (Boletín Oficial del Estado)
- Real Decreto-ley 29/2026, de 6 de octubre, por el que se adoptan medidas urgentes para la protección de la función social de la vivienda y la ampliación de la oferta de vivienda asequible BOE (Boletín Oficial del Estado)
- Real Decreto-ley 28/2026, de 6 de octubre, por el que se adoptan medidas urgentes para reforzar la estabilidad de los contratos de arrendamiento de vivienda habitual BOE (Boletín Oficial del Estado)
- Resolución de 2 de octubre de 2026, del Congreso de los Diputados, por la que se ordena la publicación del Acuerdo de derogación del Real Decreto-ley 26/2026 BOE (Boletín Oficial del Estado)
- Real Decreto 806/2026, de 5 de octubre, de disolución del Congreso de los Diputados y del Senado y de convocatoria de elecciones BOE (Boletín Oficial del Estado)
- El Congreso prevé debatir los decretos de vivienda el día después de la huelga general Infobae (EFE)
- El Congreso votará los decretos de vivienda el 12 de noviembre en la Diputación Permanente La Región
- Constitución Española (consolidated text) BOE (Boletín Oficial del Estado)
- Resolución de 16 de octubre de 2026, del Congreso de los Diputados, convalidación del Real Decreto-ley 24/2026 BOE (Boletín Oficial del Estado)
- Ley 12/2023, de 24 de mayo, por el derecho a la vivienda BOE (Boletín Oficial del Estado)
- Real Decreto 851/2026, de 21 de octubre, por el que se regula la concesión de subvenciones directas a las comunidades autónomas que hayan declarado zonas de mercado residencial tensionado BOE (Boletín Oficial del Estado)
- Resolución de 24 de julio de 2026, de la Secretaría de Estado de Vivienda y Agenda Urbana, zonas de mercado residencial tensionado declaradas en el segundo trimestre de 2026 BOE (Boletín Oficial del Estado)
- Ley 5/2018, de 19 de junio, de la vivienda de las Illes Balears (consolidated text) BOE (Boletín Oficial del Estado)
- Fianzas de alquiler Govern de les Illes Balears (IBAVI)
- Fiances de lloguer: preguntes freqüents Govern de les Illes Balears (IBAVI)
- Fiances de lloguer: normativa Govern de les Illes Balears (IBAVI)
- Ley 8/2012, de 19 de julio, del turismo de las Illes Balears (consolidated text) BOE (Boletín Oficial del Estado)
- Real Decreto 1312/2024, Registro Único de Arrendamientos y Ventanilla Única Digital de Arrendamientos (consolidated text) BOE (Boletín Oficial del Estado)
- Real Decreto 390/2021, procedimiento básico para la certificación de la eficiencia energética de los edificios BOE (Boletín Oficial del Estado)
- Ley 7/1985, de 2 de abril, Reguladora de las Bases del Régimen Local BOE (Boletín Oficial del Estado)
- Població.02: Alta al Padró municipal d’habitants per a persones procedents d’altres municipis o de l’estranger Ajuntament de Palma (Seu Electrònica)
- Full informatiu sobre l’empadronament a Palma (version 18.0, February 2026) Ajuntament de Palma
General information, not advice. This guide explains how things usually work for buyers in Mallorca. Rules and rates change, and every purchase is different, so check the details for your own situation with an independent lawyer or tax adviser before you commit.
