Rental Fraud in Spain

How often can you encounter scammers when searching for housing in Spain? The short answer: if you are searching actively, you will likely face them at least once.

I went through this myself and remember well that nasty feeling of doubt: what if this is the norm in Europe, what if this is how it should be? To save you time and money on paying for "thin air," I decided to collect the main schemes used by local scammers.

Below is a breakdown of how to spot a trick as early as the first message and what you definitely should not fall for.

How to Spot Scammers on Idealista and Fotocasa: 4 Main Schemes

Fraud on Idealista or in Facebook groups is no longer an accident; it is an entire industry. Everyone has one main goal: to force you to transfer a "deposit" before you even see the apartment or the landlord in person.

The "Remote Landlord" Scheme

The most common scenario involves listings for apartments with high-end interiors and prices 20–40% below the market rate. The scammer usually introduces themselves as an "engineer," "doctor," or "former expat" and claims to live in another country (Germany, Greece, UK) and cannot show the apartment personally.

• They do their best to move you from the Idealista messenger to WhatsApp — it is harder to get banned there.
• Then they report "high demand" and the need to pay a deposit to confirm the seriousness of your intentions.
• The victim is sent a link to a phishing site that looks visually identical to Booking.com or Airbnb. It is claimed that the platform will act as a guarantor of the transaction, hold the money in "escrow," and return it if you do not like the apartment after receiving the keys by courier.

Subletting Fraud

Another type of crime involves illegal subletting. A current tenant who has access to the apartment posts an ad in their own name, posing as the owner or their representative. They collect deposits and the first month's rent from several people at once, set a move-in date for a week later — and disappear.

Upon arrival, it turns out that they had no right to rent out the apartment, and the real owner demands immediate eviction. If the contract is not officially registered, the tenant has almost no legal protection in such cases.

Agency Tricks: How They Try to Charge a Commission Bypassing the Law

Since May 2023 (Ley 12/2023), agencies are prohibited from charging a commission to the tenant for long-term rentals. However, realtors show incredible ingenuity to make you pay anyway.

Usually, it looks like this: you found the apartment yourself, but the agent demands "one month's rent + VAT" for:

• "Information services" or "search service" (which you did not order).
• Drafting the contract or changing the name on the electricity bills.
• Simply as a "reservation fee" that does not go toward the rent.

Contract Type Manipulation

The use of 11-month contracts has become a common practice to bypass the strict framework of the Housing Law. Landlords impose such agreements even on those who plan to live in the apartment for years. The main problem for a relocated person is that after 11 months, the owner may choose not to renew the contract or significantly raise the price, whereas with a "habitual" (permanent residence) contract, the tenant has the right to automatic renewal for up to 5 or 7 years.

Checking the Apartment Before Signing

Ownership Verification and Legal Check (Nota Simple)

If you have decided that the apartment suits you — do not rush to take out your card. First, you need to make sure that the person in front of you actually has the right to rent out this property. For this, Spain has the Nota Simple — an extract from the Property Registry. What is important in it:

• The name in the extract must match the name in the contract. If they tell you "it's my brother's apartment," demand a power of attorney (poder).
• You can order a Nota Simple yourself on the registradores.org website for a symbolic 9–11 euros.
• If the agent or owner refuses to provide the address or cadastral number for this check — turn around and leave. In Spain, this is public information; there is no reason to hide it.

Home Checklist: What to Check in a Spanish Apartment Before Signing the Contract

During the physical inspection of the apartment (visita), relocators often pay attention only to aesthetic aspects, missing technical details that can significantly affect the cost of living and comfort.

Power Capacity (Potencia)

Ask how many kW are in the contract. If it is less than 3.3 kW, you will not be able to turn on the air conditioner and the washing machine at the same time — the "fuses will blow." Increasing capacity in old buildings can require significant effort.

Mold and Windows

Many regions of Spain have high humidity, especially in coastal cities. Check what you might have to deal with for the coming years:

• You should carefully inspect the corners of the rooms, the areas behind wardrobes, and around window frames for black mold spots (moho).
• Single-layer aluminum frames do not retain heat well and do not insulate noise. The presence of double-glazed windows is a significant advantage.

Noise and Surroundings

Spanish urban culture is known for being noisy. Try to visit the house in the evening or on weekends. A cute bar under the window at 14:00 can turn into hell at 22:00 if you work from home or simply value peace.

We wrote more about inspecting an apartment, including Spanish vocabulary for asking questions, in the "What to look for when inspecting housing" section of our comprehensive guide for relocators in Spain.

Deposit and Condition Report Upon Move-in

The Urban Leasing Law (LAU) sets clear boundaries:

• Mandatory deposit: 1 month's rent for residential housing.
• Additional guarantees: Cannot exceed 2 months' rent for long-term contracts.

To guarantee the return of the deposit, it is necessary to draw up a detailed inventory (inventario) with photos of all defects: scratches on the floor, chips on furniture, the condition of appliances. This document must be signed by both parties and attached to the contract.

Action Plan for Finding Housing

1. Temporary Housing (First 2–4 weeks): Do not try to rent long-term housing remotely. The risk of losing funds is much higher than the potential benefit. Use Booking.com or Airbnb to rent housing for the first month. It will be more expensive, but these platforms ensure a refund if the housing does not match the description. Use this time to obtain your NIE (foreigner identification number) and open a Spanish bank account, which is critical for signing a contract and paying utility bills.
2. Active Search and Filtering Ads: Use the Idealista and Fotocasa portals, but with extreme caution. Ignore ads where the owner is "away" or asks for an advance payment.
3. Viewing and Checking Documents: Remember the Nota Simple and be sure to order it yourself before paying a deposit. Ask the owner or agent to show their ID (DNI) and compare the details with the contract. Check the water (pressure and temperature), gas, electricity, and for the presence of mold. Ask about the type of heating (gas is usually cheaper than electric).
4. Signing the Contract and Payment: Insist on the "Arrendamiento de Vivienda" (habitual) type instead of "Uso distinto de vivienda" (seasonal) if this is your primary place of residence. Transfer money only via bank (transferencia bancaria). Keep the confirmation of the transfer — in Spain, this has the force of legal proof of payment. Arrange for a change of ownership (cambio de titularidad) for electricity and water contracts. This will allow you to control the bills and avoid the debts of previous tenants.