How to Claim Charges and Utilities as a Tenant in Spain
If you are a tenant in Spain and have doubts about who must pay the community fee, the IBI or the utilities, this guide explains how to ask for help and claim those charges step by step. You will see which documents to gather, how to interpret clauses in the rental contract and when the owner must assume costs. I also explain the deadlines to claim, mediation options and the judicial procedure if necessary. The language is clear so you understand your rights and obligations without legal jargon. At the end you will have concrete actions to file an administrative claim or a lawsuit in the Court of First Instance.
What you can claim and who pays
As a general rule, community expenses and fees corresponding to the ownership of the property are the owner's responsibility, unless the contract expressly states that the tenant must cover certain payments. To understand this it is advisable to review the Urban Leases Act and the rules of the Civil Code on contractual obligations.[1][2]
Respond to legal notices within the deadlines to avoid losing rights.
Most common charges
- Payment of community fees assigned to the tenant by the contract.
- Payment of the IBI when there is an explicit agreement in the contract.
- Payments of utilities (water, electricity, gas) if the supply is in the tenant's name.
- Repairs for ordinary use versus conservation works that correspond to the owner.
How to prepare a claim
Before claiming, gather evidence: receipts, invoices, bank statements, the rental contract and photos if applicable. Note dates and communications with the owner or administrator. Keep copies of everything and organize a clear file.
Well-organized documentation makes agreements and court decisions easier.
- Collect contract, receipts and dated communications.
- Draft a written claim indicating amount, reason and a deadline for response.
- Try contacting the owner or administrator to resolve the dispute before involving third parties.
If there is no response or the response is unsatisfactory, you can request mediation or file a lawsuit in the Court of First Instance with jurisdiction. The eviction or claim procedure is governed by the Civil Procedure Act and may require legal representation depending on the amount.[3]
Deadlines and actions
- Act within limitation periods for claims (see applicable regulations).
- Send a burofax or certified letter to record the claim.
- If appropriate, file a claim in the Court of First Instance if there is no extrajudicial solution.
Keep proof of sending and receipt of all communications.
Frequently Asked Questions
- Can I claim community expenses improperly charged to the tenant?
- Yes, if the bill does not correspond to your obligation under the contract or the law, you can demand reimbursement by written claim and, if necessary, judicial claim.
- Who pays repairs for lack of habitability?
- Necessary repairs to keep the dwelling habitable are usually the owner's responsibility, unless the damage is due to the tenant's misuse.
- Do I need a lawyer to claim small amounts?
- Not always; for small claims you can start administrative procedures or seek advice from consumer services before going to court.
How to
- Gather contract and receipts.
- Contact the owner in writing requesting a solution and a deadline for response.
- Send a formal claim by burofax or certified letter if there is no agreement.
- If it is not resolved, request mediation or file a lawsuit in the Court of First Instance.
- Keep records of all steps taken and keep copies for the procedure.
Help and resources
- [1] BOE - Relevant legislation
- [2] Ministry of Justice - Information and procedures
- [3] Judicial Power - Guides and procedures
