Legality and security in lease contracts

Lease contracts are attracting more interest than ever before. Specifically, demand has risen in recent times due to factors such as rising house prices and new dynamics in the real estate sector.

This shift in the market has created a scenario in which both landlords and tenants want to protect themselves against potential risks and ensure guarantees in every contract they sign. For this reason, more and more transactions are being carried out using digital solutions such as electronic signatures, which are a key ally in streamlining processes, protecting landlords and tenants, and avoiding risks.

In this article, we tell you how to protect your rental contracts in 2025.

Rental contracts in Spain in 2025

Although there are still several months left before the end of the year, two trends have marked the real estate sector in 2025: new legal requirements and the push for digitization. As is well known, renting in Spain is under constant pressure. According to data from Idealista, the supply of permanent rentals has fallen by around 17%, while demand has grown by 79%. But that’s not all: long-term rentals have also experienced a decline of more than 50%, according to 4 out of 10 real estate agencies.

In turn, according to Idealista, since January 2025, lease contracts that have been renewed after the Housing Law came into force in May 2023 are updated with the Housing Lease Reference Index (IRAV), which currently stands at around 1.99%, almost equivalent to the CPI.

Current risks in the rental market and how to protect yourself

Although this is not a new practice, it is only recently that, due to factors such as the rise in housing prices, the demand for rental apartments in Spain has increased exponentially. However, what should be a completely transparent process often ends up becoming a major concern for both landlords and future tenants, due to the various risks they may face.

Below, we explain some of the most common fears:

Late or non-payment of rent

One of the biggest concerns for any landlord when renting out their property, especially if the tenant is constantly late with rent payments or, worse still, fails to meet their payment obligations altogether. The only solution available to the landlord if this situation arises is to take legal action, which will involve evicting the tenant who is in breach of the lease and claiming the unpaid monthly rent.

Of course, it can take a considerable amount of time for this to be resolved. For this reason, one of the aspects that landlords monitor most closely is the solvency and reliability of people who are interested in becoming tenants.

Unfair terms

In lease contracts, unfair terms create an imbalance between the rights and obligations of the tenant and the landlord, which can lead to mistrust. Some of the most common situations relate to expenses that do not correspond to the tenant, disproportionate restrictions, or rent increases above what is legally permitted. It is therefore essential to review the contract carefully and ensure that the conditions are transparent for both parties.

Document forgery

Another major challenge is verifying the information and documents exchanged during the process. Failure to do so can create uncertainty for both owners and tenants, making it difficult to formalize and close deals.

Electronic evidence that protects lease contracts

But as the saying goes: ‘Desperate times call for desperate measures’. One issue that is not taken into account in many rental agreements is that, nowadays, there are digital solutions to cover needs in all areas, including the real estate sector. Of course, it is very important that a lease contract is solid, but there are also mechanisms that strengthen digital security and identification, and we are specialists in these.

For each document signed with our digital solutions, you will receive a supporting document (or audit) with information on the entire process: details of the landlord and tenant, status, types of evidence used, and traceability. In addition, the authenticity of any document is guaranteed throughout its cycle by demonstrating when a set of data was created and that it has not been altered using our document validator. It is also possible to authenticate the identity of the signatory by receiving the information from the digital certificate used in the act thanks to time stamps.

These are some of the mechanisms used (although not the only ones) to guarantee the necessary security in each transaction for both the owner and the tenant, and they are fully admissible in courts if necessary to use them as evidence.

Legal validity of electronic signatures in leases in Spain

The use of electronic signatures in various real estate transactions is legal and legally backed by the European Union’s eIDAS Regulation and Spanish legislation. This means that, provided that the legal requirements are met, it is fully equivalent to a handwritten signature, with the same validity and legal effects in a lease contract.

As it is electronic, it complies with a series of established requirements:

• It is uniquely linked to the signatory.
• It allows for unique identification.
• It has been created using data that can be used under your exclusive control.
• Any subsequent modification can be detected.

Landlords and real estate agencies are already managing leases without paperwork

Legality and security in lease contracts are no longer a challenge if you have the right tools. More and more real estate agencies are deciding to innovate by incorporating paperless digital solutions, and at Viafirma we are witnessing this firsthand. Numerous property owners and real estate agencies in Spain and abroad have placed their trust in us to streamline the formalization of documents such as real estate contracts between individuals or deposit agreements, providing them with legal support in every transaction.

Are you a property owner or do you have a real estate agency and want to follow in the footsteps of examples such as Tecnología Inmobiliaria and Grupo Santamaría? We guarantee that every signature is legally valid, secure, and traceable, avoiding risks and giving you peace of mind in every transaction. Contact us today and we will give you all the steps you need to take for more agile and 100% secure lease management.