Burofax to Demand Repairs for Tenants in Spain
If you are a tenant in Spain and need to demand urgent repairs to your home, sending a burofax is often the first formal step. A burofax provides written, certified proof of your claim, sets reasonable deadlines for the landlord to act, and serves as evidence in case of disputes or later proceedings. This article explains when it is appropriate to use a burofax, what information and evidence to include, how to set deadlines, and which steps to take if the landlord fails to comply. We also mention basic legal references for Spain and when to seek legal advice or go to court to protect your tenant rights.
When to use a burofax?
Use a burofax when the repair affects habitability, safety or essential services (water, heating, electricity), or when prior notices have produced no action by the landlord.[1] The burofax records your request and the deadline required to act, and is useful before initiating legal claims.
Keep copies of the burofax and the delivery receipt.
What to include in the burofax
- Clear description of the defect or damage, with dates and effects on housing use.
- Evidence: photos, videos, technical reports or estimates if available.
- Specific request: the repair you ask for and a reasonable deadline for execution.
- Deadline for response or execution (for example, 7, 15 or 30 days depending on urgency).
- Warning of subsequent actions if there is no response (administrative or judicial claim).
Documenting dates and communications makes future claims easier.
Deadlines and the landlord's response
There is no single deadline that applies in all cases, but the burofax should set a reasonable period according to the severity of the damage. For serious damage you can request a response within a few days; for less urgent repairs, 15-30 days is usually reasonable.[1] If the landlord replies and agrees deadlines, keep that communication as proof.
Respond within the deadline you set to avoid losing legal options.
Actions if the landlord does not repair
If you get no response or the repair is not carried out, as a tenant you have several options depending on urgency and applicable rules.
- Send a second reminder burofax extending the deadline and reiterating the evidence.
- Contact tenant advice services or a lawyer to assess the case.
- File a claim at the Juzgado de Primera Instancia if appropriate, to demand compliance or compensation.
- For urgent situations, arrange an emergency repair and later claim the cost if law and contract allow it.
In many cases, an amicable route with clear documentation avoids lengthy procedures.
FAQ
- Do I need a lawyer to send a burofax?
- No. Any tenant can send a burofax. However, legal advice helps draft the claim precisely and assess legal consequences.
- How long should I wait for the landlord to respond?
- There is no single deadline: what is reasonable depends on the problem. For habitability issues short deadlines (7-15 days) are recommended; for others, 15-30 days are usually adequate.
- Can I pay for repairs and deduct the cost from rent?
- Only in specific situations and following applicable rules; advancing repairs and later claiming the amount carries risks and it is advisable to get advice before proceeding.
How-To
- Document the problem: take photos, videos and keep receipts or estimates.
- Notify the landlord in writing (email or letter) before sending the burofax, and keep that communication.
- Draft the burofax detailing the requested repair, the deadline and attached evidence.
- Send the burofax with proof of receipt and wait the reasonable deadline you set.
- If there is no response, consider a claim at the Juzgado de Primera Instancia or urgent measures depending on severity.
Help and Support / Resources
- [1] Consolidated text of the LAU - BOE
- [2] Ministry of Justice - Forms and guides
- [3] Information on courts and procedures
