Emergency repairs and tenant rights in Spain
If you are a tenant in Spain and face an urgent fault —such as no water, electrical problems or heating failure— it is normal to wonder who must carry out and pay for the repair, and whether you can claim compensation if the landlord does not act. This article explains, in plain language, what the Urban Lease Law requires, what steps to follow to file a claim, which deadlines matter and what evidence to gather to defend your rights. It includes practical examples, how to formally notify the fault, when you can hire the repair yourself and request reimbursement, and which official resources are available to advise you. The goal is to give you concrete tools to resolve emergencies without losing your rights.
What does the law say?
The Urban Lease Law regulates basic maintenance and habitability obligations. The landlord is obliged to keep the dwelling in habitable conditions and to carry out necessary repairs to preserve it, unless the contract specifies otherwise or the urgency is caused by improper use by the tenant.[1]
Who pays for repairs?
- The landlord usually covers structural repairs and failures that affect habitability, such as broken pipes or heating issues.
- The tenant may be responsible for minor repairs resulting from ordinary use if the contract specifies this and the amount is reasonable.
- If the landlord does not act within a reasonable time, the tenant can hire urgent repairs and request reimbursement with evidence and receipts.
How to notify the fault
- Notify the landlord in writing, preferably by burofax or certified mail, describing the problem and requesting the repair.
- Set a reasonable deadline for action; for serious urgencies state the urgency and deadline.
- If the landlord does not respond, keep proof of sending and additional evidence (photos, videos, estimates).
Procedure if the landlord does not repair
If the landlord does not repair within a reasonable time you can: request mediation, hire the urgent repair and demand reimbursement, withhold part of the rent only in justified cases with legal advice, or go to the Court of First Instance to claim damages, performance or termination of the contract. Before litigation, gather all evidence and seek guidance from official services.[2]
Frequently asked questions
- Can I hire the urgent repair myself and request reimbursement?
- Yes, if the repair is urgent and the landlord does not act after your notification, you can hire it and request reimbursement by presenting invoices and evidence; it is advisable to notify in writing before acting.
- How long should I wait before going to court?
- There is no single deadline; it depends on the urgency and the breach. First notify in writing and give a reasonable deadline; if there is no response, consult a legal advice service or file a claim in the Court of First Instance.
- Can I reduce the rent due to lack of services?
- Rent reduction or withholding is an exceptional measure and must be well justified and documented; seek legal advice before acting to avoid later problems.
How to
- Document the fault: take photos, videos and request a written estimate.
- Notify the landlord in writing (burofax or certified mail) and set a reasonable deadline for repair.
- If there is no response and the repair is urgent, hire the service and keep invoices to claim reimbursement.
- If you do not obtain a solution, file a claim in the Court of First Instance providing all documentation.
Key takeaways
- Documenting the fault and communications is essential to make a successful claim.
- Generally, the landlord must keep the dwelling habitable.
- Before withholding rent or ordering works, seek advice and act with evidence.
