How to File an OMIC Complaint for Tenants in Spain
If you are a tenant in Spain and have a problem with your landlord —for example rent increases, lack of repairs or unfair clauses— the OMIC (Municipal Consumer Information Office) can help you mediate and file an administrative complaint. This guide explains, step by step, which documents to gather, how to submit the complaint to your local OMIC, the deadlines to consider and when to go to mediation or court. We also point to official resources and where to find the regulations that protect tenants in Spain.[1] We use clear language so you can act without being a lawyer and provide practical examples to claim repairs, deposit refunds or irregular evictions. If you need practical assistance, the OMIC often offers forms and free guidance; if the administrative route does not resolve the issue, we explain when and how to escalate to the Court of First Instance.[2]
What is the OMIC and when to use it?
The OMIC is a municipal service that receives consumer complaints, including tenants. It is useful when you seek a quick and free solution through mediation or management with the landlord before initiating court proceedings.
Steps to file a complaint with the OMIC
- Gather all documentation: lease contract, rent receipts, photos of damage, repair estimates and communications with the landlord.
- Complete the OMIC complaint form or submit a letter explaining the facts and the specific remedy requested (repair, deposit refund, compensation).
- Submit the complaint to your municipal OMIC by registry, certified mail or in person and keep the delivery receipt.
- Ask for information about response times and the possibility of mediation or conciliation with the landlord.
If the OMIC does not resolve the issue: mediation and judicial route
If mediation does not produce an agreement, you may consider going to court (Court of First Instance) to claim the landlord's obligations or damages. In eviction and civil claims specific deadlines and procedures apply that are important to know before acting.[2]
Recommended documents and evidence
- Full lease contract, annexes and payment receipts.
- Photos and videos showing the problem (damp, faults, etc.).
- Repair estimates or invoices and communications by email, WhatsApp or certified mail.
- Written witness statements or declarations that support your account.
Frequently Asked Questions
- Can I claim the full deposit refund with the OMIC?
- Yes, the OMIC can mediate for the refund; if the landlord does not return the deposit and there is no agreement, you can sue in court.
- Can the OMIC force the landlord to repair the property?
- The OMIC can manage and mediate, but if there is no compliance the judicial or administrative route may be necessary to force repairs.
- How long does an OMIC resolution usually take?
- Times vary by municipality; the OMIC will provide an estimate when you file the complaint.
How to file a complaint (step by step)
- Gather evidence and a copy of the lease.
- Complete the OMIC form or draft a clear signed complaint.
- Submit the complaint to the OMIC and request proof of filing.
- Request mediation and attend the appointment with full documentation.
- If there is no agreement, consult how to file a claim in the Court of First Instance.
Help and Support / Resources
- [1] BOE - Consolidated text Law 29/1994, Urban Leases
- [2] Judicial Power - Information on civil procedures and evictions
- [3] Ministry of Justice - Guides and judicial procedures
