# Rent flat in Marbella without NIE?



## okletsgo (Oct 22, 2021)

I'm from Sweden and wanna "move" to Spain short-term (6month). I have checked studio flats at idealista.com. So wonder if it's the landlord requires NIE before renting the flat for short-term? Or is it enough with payslips, employee contracts from my country and passport?


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## Overandout (Nov 10, 2012)

Technically the landlord would need your NIE for his / her tax return if renting the property to you as your place of residence. You have to have a NIE to stay in Spain for more than 3 months so you might find it difficult to get by without it.
That said, if you pay cash you probably will find a landlord willing to go "under the table", but there's a big risk to you with that of course.


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## snikpoh (Nov 19, 2007)

Overandout said:


> Technically the landlord would need your NIE for his / her tax return if renting the property to you as your place of residence. You have to have a NIE to stay in Spain for more than 3 months so you might find it difficult to get by without it.
> That said, if you pay cash you probably will find a landlord willing to go "under the table", but there's a big risk to you with that of course.


You need more than an NIE to stay past 3 months - you need the green 'residency' card (which comes with NIE).

Many landlords will rent without needing to see an NIE but now the tax office is insisting on NIE's or passport details. So, if the landlord says it's not needed, they are probably renting illegally and you MAY not get any deposit back - beware!


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## okletsgo (Oct 22, 2021)

Both countries are in EU, isn't free to live wherever you are within EU without getting these BS like NIE or green 'residency' card ?

How will Spain know if I lived there more for than 3 months?


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## xabiaxica (Jun 23, 2009)

Overandout said:


> Technically the landlord would need your NIE for his / her tax return if renting the property to you as your place of residence. You have to have a NIE to stay in Spain for more than 3 months so you might find it difficult to get by without it.
> That said, if you pay cash you probably will find a landlord willing to go "under the table", but there's a big risk to you with that of course.





okletsgo said:


> Both countries are in EU, isn't free to live wherever you are within EU without getting these BS like NIE or green 'residency' card ?
> 
> How will Spain know if I lived there more for than 3 months?


An EU citizen is required to register by the Spanish goverment if they want to stay for more than 90 days.






PORTAL DE INMIGRACIÓN. Ciudadanos de la Unión Europea


PORTAL DE INMIGRACIÓN - Ministerio de Inclusión, Seguridad Social y Migraciones: Información de interés para ciudadanos de la Unión Europea




extranjeros.inclusion.gob.es


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## Overandout (Nov 10, 2012)

okletsgo said:


> Both countries are in EU, isn't free to live wherever you are within EU without getting these BS like NIE or green 'residency' card ?
> 
> How will Spain know if I lived there more for than 3 months?


Yes, but member states like to know who is living there and have rights to set registration requirements, which they almost all do.

But you are right, there isn't a lot they (the authorities) can do if you don't comply, but just don't expect to be able to do stuff legally, like for example rent a flat, if you don't comply. Your choice.


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## okletsgo (Oct 22, 2021)

Overandout said:


> Yes, but member states like to know who is living there and have rights to set registration requirements, which they almost all do.
> 
> But you are right, there isn't a lot they (the authorities) can do if you don't comply, but just don't expect to be able to do stuff legally, like for example rent a flat, if you don't comply. Your choice.


So you mean is not legal to rent a flat for three month without NIE?

if no, then I should consider an NIE, but what will require when applying for it and how long it will take to get one?


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## snikpoh (Nov 19, 2007)

okletsgo said:


> So you mean is not legal to rent a flat for three month without NIE?
> 
> if no, then I should consider an NIE, but what will require when applying for it and how long it will take to get one?


Getting an NIE is really simply and can even be done in your home country. Once you have an appointment, it is relatively quick too.


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## okletsgo (Oct 22, 2021)

snikpoh said:


> Getting an NIE is really simply and can even be done in your home country. Once you have an appointment, it is relatively quick too.


Can I send the application online? Or what's the steps?


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## tardigrade (May 23, 2021)

you have to go in person to the embassy.. Look at the embassy website in your home country to find out what to bring and / if you need an appointment.

I actually know 2 different swedes who come and rent for 6 month periods without a NIE in mainland Spain. Normally thru Russians and in the off season (fall - winter - early spring )


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## Overandout (Nov 10, 2012)

okletsgo said:


> So you mean is not legal to rent a flat for three month without NIE?
> 
> if no, then I should consider an NIE, but what will require when applying for it and how long it will take to get one?


Three months is OK as you are still considered a tourist. Any more and you are required to register as a resident. The flat rental will just be easier if your are legally here.


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## Do28 (Dec 21, 2010)

You can legally rent a flat without an NIE. I rented multiple flats for donkeys years without an NIE. In fact I only got an NIE this year! You need an NIE for residency and it certainly makes other activities easier. People seem to mash a lot of opinion together to support their agenda so you have to unpick the facts a little. A pilot I work with here does a month on month off in the UAE and has rented his apartment in Jerez for over a decade without an NIE or needing to register as he is basically considered as on holiday when here.


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## xabiaxica (Jun 23, 2009)

Do28 said:


> You can legally rent a flat without an NIE. I rented multiple flats for donkeys years without an NIE. In fact I only got an NIE this year! You need an NIE for residency and it certainly makes other activities easier. People seem to mash a lot of opinion together to support their agenda so you have to unpick the facts a little. A pilot I work with here does a month on month off in the UAE and has rented his apartment in Jerez for over a decade without an NIE or needing to register as he is basically considered as on holiday when here.


Yes one can rent a flat without a NIE.

That doesn't take away from the fact that the landlord needs the tenant's NIE for his tax return.


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## Do28 (Dec 21, 2010)

xabiaxica said:


> Yes one can rent a flat without a NIE.
> 
> That doesn't take away from the fact that the landlord needs the tenant's NIE for his tax return.


How do air BnB owners manage then?


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## xabiaxica (Jun 23, 2009)

Do28 said:


> How do air BnB owners manage then?


They are short holiday lets. 


For long term lets the owner must provide the NIE of the tenant.


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## Do28 (Dec 21, 2010)

xabiaxica said:


> They are short holiday lets.
> 
> 
> For long term lets the owner must provide the NIE of the tenant.


Clearly does not happen in a lot of cases.........


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## xabiaxica (Jun 23, 2009)

Do28 said:


> Clearly does not happen in a lot of cases.........


True - which doesn't make it legal.


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## Do28 (Dec 21, 2010)

xabiaxica said:


> True - which doesn't make it legal.


I guess some peoples risk profiles are different......


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