Deferments and Suspension: Tenants' Payments in Spain
Sometimes a judge or competent authority may order the deferment or suspension of obligations under a rental agreement. For tenants in Spain it is crucial to know who assumes payments during that period: whether rent remains due, who covers urgent repairs or costs arising from an eviction. This guide explains in plain language the differences between deferment and suspension, which expenses normally fall on the landlord or the tenant, and what steps to take to claim or defend rights before a Court of First Instance. We also indicate deadlines, useful documentation and official resources to file complaints or claims without being a legal expert.
What do deferment and suspension mean?
Deferment allows postponing the fulfillment of an obligation — for example, rent payment — while suspension temporarily interrupts its enforceability. The Urban Leases Act regulates basic issues about obligations and deadlines.[1]
Who usually pays?
- Structural repairs and serious defects are usually the landlord's responsibility.
- Minor repairs and ordinary maintenance usually fall to the tenant per the contract.
- Rent normally remains the tenant's obligation unless there is an express suspension.
- Proven costs for damage caused by the tenant can be deducted or claimed.
How to make a claim and deadlines
If you believe the landlord must pay a repair or assume costs, document the problem, notify in writing and keep receipts and photos. If there is no response, you can start proceedings in the Court of First Instance or file an administrative claim.[2]
- Notify in writing and keep the date; many procedures have short deadlines.
- Attach photos, estimates and receipts as evidence.
- If necessary, file a claim in the corresponding Court of First Instance.[3]
Frequently asked questions
- Can I stop paying rent if there is a suspension?
- Only if the suspension expressly affects the obligation to pay; consult the resolution or court order that dictates the suspension.
- Who pays urgent repairs like a water leak?
- The landlord usually must cover repairs that affect habitability, unless agreed otherwise.
- What deadlines do I have to claim expenses?
- It depends on the case: notify as soon as possible and check procedural deadlines if you go to court.
How to
- Document the problem with photos, dates and receipts.
- Notify the landlord in writing requesting a solution and, if applicable, deferment or repair.
- Follow the deadlines indicated in the law or in the court order.
- If there is no solution, file a claim in the Court of First Instance or seek mediation.
Key takeaways
- Suspension temporarily alters enforceability but does not cancel the obligation.
- Serious repairs are usually the landlord's responsibility.
