Expense Allocation Errors for Tenants in Spain

If you are a tenant in Spain and receive unexpected charges for community fees, IBI, trash or utilities, it is essential to know when those expenses are misallocated and how to claim. This article explains clearly and practically which errors are common in the allocation of expenses between landlords and tenants, what documentation you need, the deadlines to act and when to go to the Court of First Instance. You will also find steps to negotiate with the community or the landlord, examples of frequent errors and tips to keep evidence. The information uses legislative references and official resources to help protect your rights as a tenant without unnecessary jargon.

Which expenses and who should pay them?

There are several types of expenses: community fees, IBI, trash tax and utilities such as water, electricity and gas. The general rule is that the one who has that obligation contractually pays, or as established in the community's constituent title, the law and the lease contract. Check the Ley de Arrendamientos Urbanos and the Civil Code for specific cases^[1].

Common errors in expense allocation

• Charging the IBI to the tenant without an agreement in the contract.
• Charging the tenant for extraordinary community works that correspond to the owner.
• Billing utilities not contracted or incorrect meter readings.
• Including trash fees already paid by the community or the City Council.
• Not providing a breakdown of receipts and charges to the tenant.

How to claim and practical steps

If you detect an error, act with documentation and within legal deadlines. Start by requesting explanations in writing from the community or the owner and keep all receipts and communications. If there is no agreement, you can file a claim before the Court of First Instance or through the appropriate administrative procedure depending on the type of expense^[2].

1. Gather contract, receipts, emails and photographs as evidence.
2. Send a written request asking for correction and an itemization of the charges.
3. If there is no response, file a claim in the Court of First Instance or via the appropriate procedure.
4. Meet procedural deadlines and keep the evidence until the resolution.

Frequently asked questions

Can the landlord force me to pay the IBI?

Only if it is agreed in the contract or a rule imposes it; otherwise it corresponds to the owner. ^[1]

What do I do if the community charges me works that do not correspond to me?

Request an itemization in writing and if there is no response, claim to the owner and the community in writing; if it is not corrected, go to Court. ^[2]

What is the deadline to claim undue charges?

It depends on the type of expense and the channel (administrative or civil claim); keep documentation and check official deadlines. ^[3]

How to

1. Gather evidence and relevant receipts.
2. Send a written claim to the owner and the community.
3. File a claim in the Court of First Instance if there is no solution.
4. Keep all documentation and respect legal deadlines.

Help and support / Resources

• Ley 29/1994, Arrendamientos Urbanos (consolidated text)
• Civil Code (consolidated text)
• Ministry of Justice - procedures and guides

1. [1] BOE: Ley 29/1994, de Arrendamientos Urbanos (consolidated text)
2. [2] BOE: Civil Code (consolidated text)
3. [3] Ministry of Justice: procedures and guides