Documents for tenant lawsuits in Spain
If you are a tenant or renter in Spain and are considering making a claim against the landlord, this article clearly explains which documents you need to file a lawsuit and what alternatives exist before and during the process. You will see which pieces of evidence are usually decisive, how to organize receipts, photographs and communications, and which deadlines and forms are relevant before the court. We also address less adversarial options —mediation, prior claims and administrative complaints— and offer practical steps to prepare your case without being a lawyer. The guide is designed to help you act calmly, meet deadlines and increase your chances of resolving rental or repair issues effectively.
Qué documentos necesitas
Antes de presentar cualquier reclamación, reúne documentación que demuestre tu situación y los hechos. Ordenar y completar estas pruebas facilita la gestión y la valoración en el Juzgado de Primera Instancia.
- Lease agreement, annexes and any written document that regulates the tenancy.
- Receipts or proof of payment of rent and the deposit.
- Photos and videos that document damages, lack of maintenance or habitability problems.
- Sent and received communications (email, burofax, letters), including dates.
- Technical reports or repair estimates when applicable.
- Receipts, payslips or certificates that prove your financial situation if you claim amounts.
Cómo valorar plazos y jurisdicción
In Spain the Ley de Arrendamientos Urbanos and the Ley de Enjuiciamiento Civil govern basic deadlines and procedures; to make a claim you must file the lawsuit in the Juzgado de Primera Instancia of the place where the property is located.[1] Some procedures, such as eviction for nonpayment, have specific deadlines and requirements that should be checked before acting.
Alternativas antes de demandar
It is not always necessary to go to court. These options serve to try to resolve the conflict with lower cost and risk:
- Contact the landlord and try a direct written agreement.
- Send a formal claim or burofax demanding solutions or repair and keep proof.
- Request mediation or conciliation services offered by town halls or justice services.
- File a complaint with consumer offices or the local authority if habitability rules are violated.
Practical steps to prepare the lawsuit
If you decide to file a lawsuit, follow these steps so your file is complete and clear for the judge:
- Gather and organize documents chronologically, marking dates and relevant facts.
- Draft a brief and clear statement of facts with copies of essential communications.
- Prepare copies for the Court, the opposing party and your own archive.
- Check whether to file the claim in verbal procedure or ordinary trial according to the amount and subject matter.
Preguntas frecuentes
- ¿Qué coste tiene presentar una demanda?
- In many cases there is no court fee for consumer civil proceedings, but there may be costs for a procurator or expert reports depending on the case.
- ¿Necesito abogado para demandar?
- It is not always mandatory, but having a lawyer and procurator improves the filing and follow-up of the proceedings in court.
- ¿Puedo reclamar por reparaciones no realizadas?
- Yes; keep estimates, photographs and prior communications to prove the request for repair and its noncompliance.
- ¿Cuánto tiempo tarda un procedimiento típico?
- It depends on the court workload and the type of proceedings; some are resolved in months and others may take more than a year.
Cómo hacerlo
- Gather all relevant documents and evidence in an organized file.
- Send a formal claim to the landlord and keep proof of receipt or burofax.
- Request mediation or conciliation if available in your municipality.
- File the lawsuit in the competent Juzgado de Primera Instancia if no agreement is reached.
- Prepare copies and an index of evidence to submit to the court and the opposing party.
Puntos clave
- Document everything in writing and keep receipts and chronological evidence.
- Use extrajudicial channels when possible before filing a lawsuit.
- Check the competent court and respect procedural deadlines.
