Filing a Complaint at OMIC: Tenant Guide Spain
What is OMIC and when to use it?
OMIC (Municipal Consumer Information Office) is a local public service to resolve conflicts between consumers and businesses or professionals. If you are a tenant and have disputes about rent, habitability issues, unjust charges or deposit problems, OMIC can advise, mediate and receive your complaint before going to court. OMIC does not replace a lawyer, but it is a good first step to seek a quick and free solution in your municipality.
What you can claim and what evidence you need
As a tenant you can claim breach of maintenance obligations, missing services, unauthorized rent increases or improper withholding of the deposit. Gather a copy of the rental agreement, payment receipts, written communications with the landlord, photos or videos of the issue and estimates or invoices for repairs if you paid for them.
- Documents: contract, receipts, communications and photos that prove the defect or unjust charge.
- Form or written claim: prepare a clear statement detailing facts, dates and the remedy you request (refund, repair, discount, etc.).
- Amounts: specify sums, payment dates and attach receipts or bank statements if you claim money back.
How to submit the complaint to OMIC
Contact your Town Hall's OMIC to request an appointment or learn about submission channels: in person, by mail or, in some municipalities, online. The application must include your details, the landlord's details, facts, your specific request and attached documentation. OMIC can attempt mediation between parties or issue a report/complaint form that helps reach a resolution.
Mediation and alternatives
Municipal mediation is a voluntary procedure that seeks an agreement between tenant and landlord. If there is no agreement, OMIC may issue an advisory report; for rental contract disputes, the judicial route before the Court of First Instance is the alternative when mediation fails or when the amount or subject matter requires it[1].
When to move to court
If mediation does not resolve the conflict or there are serious breaches (wrongful eviction, major damages, unjustified deposit withholding), you can file a lawsuit in court. Rental matters apply the Civil Code and the Urban Lease Act; eviction procedures follow the Civil Procedure Law and the competent court is usually the Court of First Instance in your judicial district[2].
Frequently Asked Questions
- What can OMIC do for me?
- OMIC can advise, receive your complaint, mediate with the landlord and issue reports that facilitate extrajudicial resolution.
- Does OMIC impose fines on the landlord?
- No. OMIC does not sanction; if there is an administrative offense, it will refer the case to the competent authority or provide information for subsequent procedures.
- If no agreement is reached, what options do I have?
- You can go to the Court of First Instance to sue for contractual breach, claim amounts or request maintenance and repair measures.
How-To
- Gather documents: rental agreement, receipts, photos, communications and any proof supporting the complaint.
- Draft a written claim or form: describe facts, dates, your request and attach documents.
- Contact OMIC: request an appointment or present the complaint through the channels provided by your Town Hall.
- Await resolution or mediation: respect deadlines and provide additional information if requested.
- Proceed to court if appropriate: file a claim in the Court of First Instance when mediation fails or judicial action is necessary.
Conclusion and practical tips
Keep a file with the contract, receipts, photos and communications; file the complaint with OMIC clearly and request mediation if available. If no agreement is reached, preserve all documentation for court. OMIC is a useful and free tool before litigating.
Help and resources
- Legal Guidance Office - contact and resources
- BOE - Consolidated text of the Urban Lease Act
- Judicial Branch - information about courts
