Spain now wants a signed end-of-tenancy document. What if I cannot be there?

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• Martin (Soycasero)Equipo SoycaseroNov 6, 2026

  Since 8 October 2026, a new article 36.7 LAU (added by Royal Decree-law 29/2026, BOE-A-2026-20823, still awaiting validation) says that at the end of the contract both parties must record in writing the condition of the property when possession is handed back, in a document signed by both.

  The point for owners abroad is the consequence. If no such document is signed, or it does not mention any damage, the law presumes, unless proven otherwise, that the property was returned in an adequate state. So what is not written down at check-out becomes harder to claim from the deposit later.

  The article does not say who has to be physically present. Someone can act for you, and in that case it is usual for the power of attorney or written authorisation to cover this step explicitly. Dated photographs and meter readings can sit alongside the document.

  How to set this up for your property, and whether your representative's authority is enough, is for your gestoría or lawyer to confirm.

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