September 1st, 2025
WAYS TO GUARANTEE RENT COLLECTION
When renting a property a common concern for landlords is how to guarantee rent collection.
Below are some guidelines you can follow and different options available to you to ensure, as far as possible, rent collection.
1. Solvency assessment of the potential tenant
This involves analyzing and evaluating the potential tenant's economic and financial situation to determine whether they will be able to comfortably cover the rent and other expenses.
The usual approach is to gather information about the potential candidate that includes their profession, whether they are employed or self-employed, job stability, monthly income, any debts they are currently paying, references from the landlord of the property where they currently reside, etc.
2. Consult a register of defaulters
Another way to verify a person's solvency is to check if they are listed in any register of defaulters.
These registries are files containing data on individuals and legal entities that have defaulted on the payment of a debt. They are a very useful tool for assessing the risk of non-payment by a person or entity before granting credit, renting a property, signing supply or insurance contracts, granting a subsidy or financial aid, etc.
The most well-known registers of defaulters in Spain are: ASNEF, RAI and BADEXCUG.
3. Provision of a legal deposit and other additional deposits
The Urban Leasing Law (LAU) establishes, on the one hand, the obligation to require and provide a deposit equivalent to one month's rent for residential leases and two months' rent for leases for non-residential use. This deposit is known as the legal deposit.
The LAU also allows any type of additional guarantee to be agreed upon, such as an additional or supplementary deposit. However, there is a limitation on this additional deposit in the case of residential leases, specifically for contracts of up to five years' duration, or up to seven years if the landlord is a legal entity. In such cases the value of this additional guarantee may not exceed two months' rent.
In the case of leases for non-residential use no limitation is stipulated.
4. Taking out insurance against possible non-payments
Another option that allows us to guarantee the collection of rent is taking out non-payment insurance.
The usual coverage for this type of insurance is as follows:
- Non-payment of rent: Covers a specified number of unpaid monthly payments, usually between 6 and 12 months.
- Legal defense: Covers legal expenses arising from eviction proceedings and claims for damages.
- Vandalism: Covers material damage caused by the tenant to the property up to a specified amount, usually €3,000.
Prior to taking out the insurance, the insurer will conduct a creditworthiness assessment of the tenant to assess the risk of non-payment.
The cost of this type of insurance usually ranges between 3 and 5% of the annual rent.
5. Joint and several guarantors
A joint and several guarantor is a person who agrees to respond to the debt of another person or entity assuming the same responsability as the principal debtor.
The main characteristics of a joint and several guarantor are as follows:
- Direct liability: The guarantor is liable in the same manner as the principal debtor.
- Waiver of benefits: The guarantor waives certain benefits such as exclusion (demanding payment of the debt first from the principal debtor until their assets are exhausted), division (in the case of several guarantors, claiming a proportional share of the debt from each guarantor) or order (claiming first from the principal debtor before the guarantor).
- Total and patrimonial liability: The guarantor is liable for 100% of the debt with all their assets, both present and future, until the debt is fully extinguished.
- Validity of the obligation: The guarantor's liability persists throughout the contract.
