A legal perspective of current challenges of the Spanish residential rental market

  • Sergio Nasarre-Aznar, Elga Molina-Roig
  • International Journal of Law in the Built Environment, July 2017, Emerald
  • DOI: 10.1108/ijlbe-03-2017-0013

Residential tenancies in Spain do not work

What is it about?

Currently, the Spanish rental market only meets temporary housing needs; it is very atomized and lacks professionalism. It does not provide an adequate legal framework to fulfil the parties’ aspirations (i.e. stability, affordability and flexibility for tenants; profitability, security and guarantees to landlords).

Why is it important?

The paper makes a series of recommendations to legislators and policymakers to draft an adequate legal framework aimed at increasing the housing rental market share. This is based on the experience of mature tenancy markets in Europe, such as the German, Swiss and Austrian ones. The new proposed legal framework will help to transform the tenancy model in Spain into a functional one, making it more stable, affordable and flexible, while increasing safety and profitability for landlords. The model is also applicable, on a more general level, to all Mediterranean European countries.


Professor Sergio Nasarre-Aznar
University Rovira i Virgili

The paper reviews the regulation of tenancies, in a context of housing crisis and unaffordability (still a reality in many European and worldwide countries) has valuable potential for making this type of tenure more popular and for avoiding future housing bubbles.

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