The double commission: what’s legal — and what isn’t

Renting & Regulation

The double commission: what’s legal — and what isn’t.

This isn’t about distrusting everyone — it’s about understanding the system: who pays, why, and who your agent is really working for.

Renting & Regulation · 13 July 2026

On the Costa Blanca it’s entirely normal: the agency charges the owner a commission and, on top, charges the tenant “honorarios”, “gastos de gestión” or “tramitación”. Is that allowed? The short answer: it depends on the contract type — and in that distinction hides a model that, in our view, has grown crooked along the coast. This article names no one: it explains the system, the law, and the signals that protect you — whether you’re an owner or a tenant.

The rule since the Housing Law: on main-home rentals, the owner pays

Since 26 May 2023, article 20.1 of the LAU is unambiguous: on rentals of a main home, agency and contract-drafting costs are borne by the landlord — private individual or company alike (for companies it had applied since 2019). Charging those amounts to the tenant is illegal under any label: Spain’s consumer authority also treats disguised versions as unfair practice — “solvency checks”, “file-opening fees” or compulsory “service packages”.

So why do you still see double fees everywhere on the coast?

Because the ban lives in Title II of the LAU — the part on main-home rentals. Seasonal letting is “uso distinto de vivienda” (art. 3.2) and is governed by whatever the parties agree: there, charging tenant fees remains legal. On a coast where half the market is winter and mid-term stays, that space is real and legitimate. It starts to grate when a contract is called “temporada” purely to collect from both sides — or to sidestep tenant protection.

Judges look at reality, not the label: chained short contracts, no stated temporary reason, a tenant who is registered at the address and actually lives there — that gets reclassified as a main-home rental, and the fees charged to the tenant become undue and reclaimable. The Albacete provincial court confirmed it again in 2025.

The uncomfortable question: who does your agent work for?

Earning from both sides isn’t legally banned on seasonal lets — but it creates an obvious conflict of interest: whoever collects from both sides profits from a fast signature, not necessarily a good one. Courts have been drawing lines for years: only the party who actually gave the mandate owes a fee, and opaque clauses get struck down. For the owner, the practical risk is subtle: less rigorous tenant screening, a sloppily handled deposit, a template contract — because the incentive is to close, not to protect.

How to recognise a trustworthy agent on the Costa Blanca

• Registered in the Valencia region’s agent registry — mandatory since October 2022 (accredited training; some financial requirements were struck down by the courts in 2024, but the registry stands). Ask for the number.
• Transparency in writing before anything happens: who pays what, how much, and for what. If tenant fees “suddenly” appear at signing, that’s a bad sign.
• The deposit actually gets lodged: in the Valencia region the landlord must deposit it with the Generalitat within 15 working days (fines up to €3,000 for failing to). A serious manager shows you the receipt. Note: in the Murcia region (Mar Menor) there is no regional deposit scheme any more — this check doesn’t apply there.
• A seasonal contract states its reason: if it’s “temporada”, the temporary why is written down and provable. Without it, assume a judge may read it as a main-home rental.
• Never money before a viewing: a “reservation” or deposit before you’ve seen the property is the classic fraud tactic, not how a serious agency works.
• A contract and an invoice for every payment, and no compulsory “extra services” as a condition of renting.

How we do it at Pulse Property

Our model is deliberately simple: whoever gives us the mandate is who pays us — the owner, on terms agreed in writing before we start. We work with the right contract for each situation (long-term, or seasonal with a real, documented reason), a deposit lodged where it should be, and tenants screened before anyone signs. Not because everything else is always illegal — but because we believe an intermediary can only truly protect one side, and we choose yours.