Entry for Works with Notice for Tenants in Spain

As a tenant in Spain, it is normal to worry when the landlord announces works and needs to enter the dwelling. This article explains, in clear language, the rights you have when access is requested with notice: when the owner can enter, what form the notice should take, what deadlines are reasonable and how to document the situation to protect yourself. You will also see practical steps to negotiate schedules, demand safety measures and, if necessary, file a claim with the authorities or the court. You do not need to be a legal expert: here we summarize the essentials of the LAU and common options so you can act confidently and without losing rights.

Can the landlord enter for works?

The landlord may need to access to repair damage or carry out improvements, but he does not have absolute freedom to enter at any time. Generally he must give you reasonable prior notice and explain the reason and expected duration. For urgent matters (risk to safety or major damage) he may enter earlier, but must then justify the action.

Before the entry: what to check

• Check that the notice is written and specifies dates and expected times.
• Ensure the entry is proportional and limited to the announced work.
• Ask for identification of the workers and a presence record if you allow access.
• If in doubt, request time to coordinate presence and document your belongings.

If the entry is urgent or unauthorized

When there is evident risk (leaks, fire, electricity) the landlord can act immediately to prevent greater damage; even so you should receive subsequent information about what was done. If the entry occurs without notice and there is no urgency, you may refuse it and demand the work be rescheduled with prior notice.

How to document the entry and damage

• Take photos and video before and after the intervention.
• Keep messages, emails or burofaxes that announce the works.
• If necessary, request a technical report on the scope of the works.

Claiming or challenging the entry

If you consider your rights were violated (unjustified entry, damage, lack of notice) you can start out-of-court claims and, if there is no agreement, go to the Court of First Instance. In certain situations the LAU regulates aspects related to maintenance and access; check the deadlines to claim and the required documentation^[1].

Frequently Asked Questions

Does the landlord always need permission to enter?

Usually the landlord must give prior notice and explain the work; only in urgent cases may he enter without notice and must justify it afterwards.

What is a reasonable notice period?

There is no single period in the LAU for all works, but notice must be reasonable depending on the nature of the work and allow you to organize your life and belongings.

Can I refuse if there is no notice?

Yes, except in emergencies. If the owner insists without justifying the emergency, document the situation and consult how to claim for damages or invasion of privacy.

How to

1. Document the notice: keep emails, messages and take photos of the property before the work.
2. Request clarifications in writing (email or burofax) about dates, duration and responsible parties.
3. Negotiate schedules and access conditions to minimize inconvenience and protect your belongings.
4. If there is damage or unauthorized entry, gather evidence and request a technical or expert report if appropriate.
5. If no agreement is reached, file an out-of-court claim and consider going to the Court of First Instance to claim damages or breach^[2].

Key takeaways

• The landlord should notify and justify entry; always keep documentation.
• Act calmly: document, negotiate and use official channels if needed.

Help and Support / Resources

• Consolidated LAU text on BOE
• Ministry of Justice: procedures and information
• Poder Judicial: procedural guidance

1. [1] BOE - Consolidated text of the Ley de Arrendamientos Urbanos
2. [2] Ministry of Justice - Information on civil procedures