Can a landlord charge the tenant the estate-agency fee?
No — since Spain's 2023 housing law (Ley 12/2023), the estate-agency fee and management costs on a long-term rental are the landlord's expense, not the tenant's; being asked to pay the agency fee is not legally owed.
This is one of the most common things tenants are still wrongly charged. The agency works for the landlord, so the landlord pays.
If a fee is being pushed onto you, point to Ley 12/2023 — it's a clear red flag about how the let is being run.
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Related questions
Sources: Ley 12/2023 por el derecho a la vivienda — BOE.
General information for people renting property in Spain — not legal, tax or financial advice. Confirm the specifics for your tenancy with a qualified professional.
Last reviewed June 2026.