On this page
Rent-default insurance (seguro de impago)
Art. 36.5 of the Ley de Arrendamientos Urbanos (LAU, Ley 29/1994) is about guarantees beyond the deposit. In the BOE consolidated text, last updated 7 October 2026, it says:
"En ningún caso podrá exigirse al arrendatario la contratación de seguros de impago de renta u otras coberturas análogas."
The same article lets the parties agree an additional guarantee, capped for housing contracts of up to five years (seven if the landlord is a legal person) at two months' rent. The legal deposit (fianza) is separate: one month's rent for housing, under art. 36.1.
Status warning. The BOE shows this wording was introduced by Real Decreto-ley 29/2026 of 6 October 2026, in force from 8 October 2026. A decree-law needs validation by Congress, and the BOE text records that a similar one (26/2026) was repealed on 2 October 2026. We could not confirm that 29/2026 has been validated. We also did not verify the wording of art. 36.5 before October 2026. Open the consolidated LAU on the BOE and read art. 36.5 as it stands on the day you sign. Our renting guide flags the same uncertainty.
Other costs a landlord may try to pass on
Art. 20.2 of the current text says costs of "gestión inmobiliaria y de formalización del contrato" (agency and contract-signing costs) cannot be charged to the tenant, "ni directa ni indirectamente". Any other non-essential service can be charged to you only if you asked for it in writing, after being told it is optional and what it costs. That paragraph is also part of the October 2026 changes, so the same status warning applies.
Art. 20.1 covers general property expenses (gastos generales) the parties may agree the tenant pays. It requires the agreement to be in writing, with the annual amount stated at the date of the contract. It does not mention building insurance, so we cannot say whether a building premium counts as one of those expenses. If a lease charges you for it, have the clause reviewed.
Which policy protects whom
Under the Ley de Contrato de Seguro (Ley 50/1980), the tomador is the person who takes out the policy, and may do so for their own account or for someone else's (art. 7). A damage policy is void if the insured has no interest in the loss (art. 25). Our plain-English reading of how that plays out for a rental, which is not an official statement:
- Building (continente): the walls, roof and fixed structure. This is the owner's interest.
- Contents (contenido): your belongings. You have the interest here, so you can buy it.
- Civil liability (responsabilidad civil): art. 73 defines it as cover for the insured's obligation to compensate a third party for damage they are legally responsible for. A tenant who floods the flat below is one example.
- Rent-default insurance: protects the landlord against unpaid rent. It does nothing for you.
Repairs: who pays when something breaks
LAU art. 21.1: the landlord must carry out the repairs needed to keep the home habitable, "sin derecho a elevar por ello la renta", except where the damage is attributable to the tenant under arts. 1563 and 1564 of the Civil Code. Art. 21.4: "Las pequeñas reparaciones que exija el desgaste por el uso ordinario de la vivienda serán de cargo del arrendatario" (small repairs from ordinary wear are the tenant's).
That is why contents and liability cover matter to a tenant: damage you cause can be your cost, and the landlord's building policy is not there to absorb it.
Can a lease require you to buy your own insurance?
We found no official text that answers this. Art. 36.5 is about rent-default cover and "coberturas análogas", which would not obviously cover your own contents or liability policy. Whether a clause demanding one is enforceable is a legal question we cannot settle here. Have any such clause reviewed before you sign.
Sources
Who can do this for you
A broker can match contents and liability cover to your flat. A lawyer can read the insurance and cost clauses before you sign. A realtor can tell you what is normal in your local market.
This page is general information, not legal advice. It was checked against the sources above on the date shown. Rental law has changed several times recently, and the October 2026 changes may not be confirmed, so verify the current text before relying on any of it.