Unfreezing of rents in Andorra: what the Government has announced
A notice from the landlord to vacate the property does not, in itself, mean that the tenant must leave immediately. The legality of such action will depend on the lease agreement, current regulations, and, in the event of a dispute, the decision of the courts.
Government spokesperson Guillem Casal explained on August 12, 2026, that disputes related to potential violations of the regulations on rent freezes must be resolved through the courts. Before resorting to legal action, he recommended that those affected contact the National Housing Institute (INH) so that their individual situations can be assessed and they can receive guidance.
The Administration can assist landlords and tenants, explain the available procedures, and provide guidance on the next steps. Its role is not to definitively determine whether an action taken within a private contract is legal or illegal.
The short answer is clear: The judiciary is the one that determines whether an action related to a rental is legal.The INH can help pave the way, but it does not replace the courts or, necessarily, a lawyer.
Key data
- The statement by the minister spokesperson came on August 12, 2026.
- The recommended organization to receive initial guidance from is the National Housing Institute.
- The final determination of legality rests with the judicial branch.
- The INH can provide guidance on the possibility of applying for a court-appointed lawyer, where appropriate.
What should a tenant do if the landlord asks them to leave the property?
As a practical measure, it's advisable to keep all communications received. A letter, email, message, registered letter, or any other document can help clarify what was requested and when it was communicated.
It can also be helpful to gather your rental agreement, payment receipts, and any other documents related to the property. This information will allow you to better explain your situation when seeking guidance.
Before leaving the property or signing any amendment, waiver, or agreement, make sure you understand the consequences. If there is a disagreement about a rent increase, the termination of the contract, or the fulfillment of an obligation, it may be advisable to seek legal advice.
The next step recommended by the Government is to contact the INH. The agency can review your specific circumstances, explain what procedures are available, and advise you on whether you need to seek legal counsel.
The direct answer is yes: a tenant can contact the INH if they believe the landlord's request violates regulations. The official recommendation is to do so to analyze the situation and receive guidance on how to proceed.
What role does the National Housing Institute play?
The National Housing Institute (INH) plays a supporting role in this process. Its purpose is to guide the affected person before they decide whether to take further action.
Guidance may include instructions on the steps that could be taken, the legal advice that might be needed, and the possibility of requesting a court-appointed lawyer, where appropriate.
This assistance can be helpful for someone who has just arrived in the country, is unfamiliar with how local institutions operate, or receives a notification that is difficult to interpret. However, contacting the INH does not guarantee a favorable outcome or resolve the dispute.
The difference is important: the Institute informs and guides; the courts legally resolve the dispute. Therefore, advice from the INH may be the first step, but it won't always be the last.
Can the government declare an action by the landlord or tenant illegal?
The position expressed by the Government distinguishes between the administrative function and the judicial function. The Administration can explain the regulations, assist citizens, and indicate what avenues exist for defending their rights.
When there is a private contract between landlord and tenant, the decision as to whether a specific action violates the law rests with the courts. This can affect a notice to vacate the property, a modification of the lease terms, or any other measure discussed by the parties.
The INH advises and guides; the courts determine the legality of the disputed action. This distinction avoids waiting for a decision from the Administration, which, according to the spokesperson, falls under the purview of the judiciary.
Unfreezing of rents: rights and obligations of landlords and tenants
According to the government's explanation, the rights of both landlords and tenants must be protected in accordance with current legislation. The implementation of the rent freeze will depend on that legislation and the specific circumstances of each contract.
For the tenant, it can be helpful to keep payment receipts and document any communications received. They can also carefully review any proposed changes and ask for clarification if the content is unclear.
For the landlord, decisions related to the lease must comply with applicable regulations. Keeping a record of the content and receipt of communications can facilitate explaining the situation if a dispute arises.
When landlords and tenants disagree on the application of the regulations or on the content of the contract, the INH can guide the parties and the Justice system can determine the legality of the disputed action.
When might it be necessary to go to court?
Legal action may be necessary when the parties disagree on the interpretation of the contract, the validity of a communication, or compliance with regulations. The decision will depend on the specific circumstances of the case.
The initial consultation with the INH and the filing of a lawsuit or appeal are distinct actions. The former serves to receive institutional guidance; the latter requires assessing the strategy, timelines, costs, and specific possibilities with legal advice.
As preparation, it can be helpful to gather the contract, receipts, proof of payment, emails, messages, letters, notifications, and any reports received. Organizing the documents by date makes it easier to explain the facts to the professional reviewing the matter.
Seeking legal advice can be helpful before responding to sensitive communications or agreeing to new terms. The information in this article is general and does not replace individualized legal analysis by a professional.
A practical guide to dealing with a rental dispute in Andorra
- Identify the problem. Read exactly what the other party has communicated and note the date you received the document.
- Review the contract. Locate the clauses regarding duration, updates, termination, and notifications.
- Gather the evidence. Keep the contract, receipts, proof of payment, and all communications.
- Keep conversations in writing. Responding in an orderly manner can help to establish a record of your position and what has been requested.
- Contact the INH. Explain the facts in chronological order and provide available documentation to receive guidance on next steps.
- Value legal assistance. Ask about a private professional or the possibility of accessing a public defender, where applicable.
- Do not ignore requirements or deadlines. Upon receiving a formal notification, seek advice on the appropriate response and available options.
Implications for those who want to live or invest in Andorra
The unfreezing process may influence the decisions of landlords, tenants, and those seeking housing. A rental agreement establishes rights, obligations, and procedures whose application will depend on current regulations and the agreed-upon terms.
Anyone wishing to buy a property to rent out should review the current regulations before finalizing the transaction and seek expert advice if they have any questions about the contract or its terms.
Prospective tenants can also review the contract before signing and seek local advice if there are any unclear clauses. Government statements offer guidance on the role of the INH and the courts, but they do not automatically resolve every individual situation.
Documenting agreements, understanding obligations, and seeking help before making a difficult-to-reverse decision can reduce the risk of conflict. To assess a rental, a real estate investment, or a landlord-tenant dispute in Andorra, consult a professional before making any decisions.
Frequent questions
What is the unfreezing of rents in Andorra?
This is the process referred to in Andorran law for modifying the terms of certain rental agreements subject to rent control or freeze measures. Its application depends on current legislation and the specific circumstances of each contract.
Where should a tenant go if they receive a notice to vacate their home?
The Government recommends contacting the National Housing Institute (INH), which can study the case, provide guidance on the next steps, and inform you about the need for legal advice.
Can the INH decide if an action is legal?
The INH can guide and support those affected, but the final determination of the legality of a contractual action corresponds to the judicial branch.
What documents should a tenant keep in case of a conflict?
It may be helpful to keep the contract, rent receipts, communications from the landlord, notices, proof of payment, and any documents related to the property or the possible violation.
Does the thawing process allow the owner to automatically regain possession of the property?
It cannot be taken for granted. The possibility of terminating a contract or demanding certain conditions depends on the applicable regulations, the contract itself, and the specific circumstances. In case of disagreement, it may be necessary to resort to legal action.
Sources
- Andorra governmentInstitutional reference on housing and administrative guidance.
- Information published on August 12, 2026 regarding the position of the spokesperson minister, Guillem Casal, regarding the conflicts arising from the unfreezing of rents.
