Claim to OMIC as a Tenant in Spain
If you are a tenant in Spain and have a problem with rent, repairs, rent increases or contract clauses, you can go to the Municipal Consumer Information Office (OMIC) to file a complaint and seek mediation. The OMIC advises on tenants' rights, reviews documentation and can propose agreements between parties before going to court. This article explains, step by step, when it is appropriate to claim at the OMIC, what deadlines and evidence are important, how to prepare documentation and what to expect if no agreement is reached. It is aimed at tenants who are not legal experts and needs practical, clear instructions for acting in Spain.
What is the OMIC?
The Municipal Consumer Information Office (OMIC) is a local service that advises consumers and users, including tenants, on complaints related to housing and rent. The OMIC can receive your complaint, advise you on rights contained in the Urban Leases Act and propose mediation between the parties.[1]
The OMIC can mediate but does not replace a judge.
When to claim at the OMIC?
- Disagreements about the amount of rent or unagreed increases.
- Lack of repairs or habitability issues (damp, heating, water).
- Contract clauses you consider abusive or not agreed upon.
- Disputes over security deposits or refunds.
Keep copies of all receipts and communications.
Documents and evidence
- Rental contract or receipts showing agreed conditions.
- Proofs of payment (transfers, receipts) and bank statements.
- Photographs, videos or technical reports about damages or lack of habitability.
- Written communications between tenant and landlord (emails, burofax, letters).
Deadlines and timing
- There is no single deadline to go to the OMIC, but act quickly to preserve evidence and communications.
- If the dispute may lead to judicial proceedings (eviction or claim for amounts), check procedural time limits according to the case type.
- Respond to notifications and requirements within the indicated deadlines so as not to lose rights.
Respond to requirements within deadlines to avoid losing rights.
If there is no agreement: judicial options
If municipal mediation does not reach an agreement, you can consider going to the Court of First Instance to claim amounts or start eviction proceedings. The judicial procedure follows the Civil Procedure Law and usually requires the same documentation you brought to the OMIC; therefore it is useful to keep the entire file.[2]
Clear documentation and specific dates facilitate any subsequent claim before the court.
Frequently Asked Questions
- Can the OMIC force the landlord to pay or repair?
- No: the OMIC can mediate and offer solutions, but it cannot impose judgments; only a judge can issue binding decisions.
- Do I need a lawyer to file a complaint with the OMIC?
- It is not mandatory: the OMIC offers free advice; however, if the case goes to court, it is advisable to consult a lawyer or solicitor.
- Is mediation at the OMIC binding?
- It is only binding if both parties accept a written agreement; otherwise mediation serves to attempt to resolve the conflict before legal actions.
How to file a claim
- Gather contract, receipts, photos and all correspondence related to the dispute.
- Go or contact your municipal OMIC to file the complaint and provide documentation.
- Attend the mediation if the OMIC offers an appointment; bring copies of all documents and a timeline of events.
- If there is no agreement, consider filing a claim at the Court of First Instance with the complete file.
Help and resources
- Consolidated Urban Leases Act (BOE)
- Ministry of Justice - information and procedures
- Judicial Authority - court search
