Can you ask the landlord to take furniture away before you move in?
Yes, and before you sign is the best time to ask. The landlord doesn't have to say yes, but plenty do, especially when the pieces are old and they'd rather not replace them later. Once the lease is signed with the furniture listed, you're asking for a favour rather than negotiating a term.
It helps to know why the landlord might push back. Under article 2.2 of the Tenancy Act (LAU), furniture that the same landlord provides with the flat is treated as part of the lease. In a furnished flat with an inventory, the sofa, the beds and the wardrobe are part of what you're renting, in the same way as the kitchen. Some landlords also worry that an empty flat will be harder to let next time.
Be specific when you ask. "Could you take the double bed in the second bedroom and the glass dining table before 1 March?" gets a clearer answer than "we'd prefer it unfurnished". If you're bringing your own things, say so. A landlord is more relaxed when they know the room won't be left empty. Our guide to furnished vs unfurnished flats in Barcelona covers the wider trade-off.
Can you throw out or sell the landlord's furniture?
No, not without written permission. Article 1561 of the Spanish Civil Code says a tenant has to return the property as they received it, following the description agreed at the start, apart from wear from time and causes they couldn't avoid. Article 1563 makes the tenant liable for loss or damage unless they show it happened without their fault.
A missing wardrobe isn't wear and tear. If it was on the inventory and it's gone when you leave, expect the landlord to deduct its value from your deposit or claim it from you. That applies even to a sagging mattress or a broken chair. You may feel you did the landlord a favour by clearing it out. Legally, you got rid of their property.
If something really is beyond use, email the landlord a photo and ask: "Can I dispose of it, and will you take it off the inventory?" Once you have a yes in writing, Barcelona's free bulky-item collection makes the rest easy. Our guide to getting rid of furniture in Barcelona explains how to book it.
What are the options if the landlord won't take it away?
There are usually four, and each puts the risk on a different person. Agree which one you're using before you move anything.
| Option | Who pays | Who carries the risk if it's damaged |
|---|---|---|
| Landlord collects it or moves it to their own storage room | Landlord | Landlord, once it has left the flat |
| Stacked in a spare room or the flat's trastero | Nobody, but you lose the space | You, unless you agree otherwise |
| You rent a self-storage unit | You, unless the landlord agrees to share | You, so check the unit's insurance |
| It stays where it is | Nobody | You, as for any inventory item |
The second and third options catch people out. If you wrap the landlord's table and stack it in a storage unit you chose, and it comes back scratched, article 1563 puts the burden on you to show it wasn't your fault. A line in the agreement saying the landlord accepts the storage arrangement, and that you're only liable for damage you cause by negligence, closes that gap.
If the flat comes with a storage room, check it's actually included in the lease before filling it. Our guide to storage rooms in Barcelona rentals covers that.
Does the inventory protect you or work against you?
It can do either. A good inventory protects you from being charged for things that were already broken. An out-of-date one can be used against you for furniture that was removed with the landlord's blessing but never crossed off.
The default rule doesn't help tenants. Article 1562 of the Civil Code says that without a description of the property's condition, the tenant is presumed to have received it in good condition unless they prove otherwise. So photos and a signed list at the start matter.
When anything leaves the flat, update the inventory the same day. A one-page annex, signed or at least confirmed by email by both of you, should list:
- Each item removed, with a photo and its condition on that day.
- Where it went: collected by the landlord, thrown out with their consent, or put into storage, and if so where.
- What you return at the end: either nothing for that item, or the item from storage in the condition recorded.
- Who pays for removal, storage and bringing it back.
Our guide to the inventory and key handover explains how to document the rest of the flat.
Should the rent go down if the furniture goes?
It can, but nothing obliges the landlord to lower it. A furnished flat can be advertised at a higher rent, so if you're taking it unfurnished it's fair to ask whether the price changes. Whatever you agree, put it in the lease or a signed annex. Don't rely on a WhatsApp message from the agent.
If you're also checking the rent against Barcelona's rent cap, ask a housing office (Oficina d'Habitatge) how the furnishing affects the figure for your flat, rather than guessing. And if the landlord refuses to remove anything and won't move on price, ask yourself whether you'd be paying for furniture you'll spend a year working around.
How do you put the agreement in writing?
An email that the landlord or agency replies to is enough for most cases. A signed annex to the lease is better. Something like this, in Spanish, works:
"Como acordamos, antes de la entrada en la vivienda el [fecha] se retirarán los siguientes muebles del inventario: [lista]. [El propietario se los lleva / Quedarán guardados en (lugar), con su conformidad]. Al finalizar el contrato no tendré que devolver estos muebles [o: se devolverán en el estado de las fotos adjuntas], y solo responderé de los daños que cause por negligencia. Le ruego que me confirme su conformidad respondiendo a este correo."
Attach the photos. Keep the reply with your lease. If the landlord won't confirm anything in writing, treat the furniture as staying put, because that's how a dispute over your deposit will treat it.
What happens to the furniture when you move out?
You return what the agreement says you return. If items went into storage, plan who brings them back and when, because hauling a wardrobe up four flights on your last day is a bad surprise. Do it before the check-out visit, so the landlord can tick everything off against the updated inventory.
If the landlord tries to deduct for items that were removed by agreement, your annex and emails are the answer. Under article 36.4 of the LAU, the deposit has to be returned within a month of handing back the keys, and after that it starts accruing legal interest. Our guide to getting your deposit back covers what to do if it isn't. For a disputed amount, a consumer office or a lawyer can tell you whether a claim is worth it.
How Llavai helps
Llavai watches the main Barcelona rental portals, scores every new agency listing against your brief (budget, neighbourhoods, bedrooms) and puts the best ones first, with the agent's number one tap away, so you can call before the queue forms. That first call is the moment to ask whether the furniture in the photos can go, before anyone else has said yes to the flat as it stands. Set up your search in a couple of minutes. If you'd rather not make the call yourself, Julia can make it in Spanish on the Pro plan.