Landlord Entry: Tenant Rights in Spain

Repairs & upkeep (who pays what) 3 min read · published September 11, 2025
If you are a tenant in Spain and worry about a landlord entering the home, this guide clearly explains when it is legal, what rights you have and what practical steps to follow. You will see which authorizations the Urban Leases Act requires, how to document entries, when prior notice is needed and how to act in case of unauthorized entries or urgent repairs. We also cover deadlines, useful evidence for a civil trial and how to file a complaint at the Court of First Instance if necessary. The tone is practical and designed so any tenant understands their options without technical language. Includes examples and official resources to claim.

When can the landlord enter?

The landlord generally needs the tenant's consent to enter the dwelling. The Urban Leases Act protects the right of enjoyment and only allows entries without permission in very specific cases, such as a court order or emergency situations that require immediate access.[1] If there is an agreement in the contract, it must be respected as long as it does not conflict with the law.

In practice, routine unannounced entries are usually considered invasive and may violate the right to housing.

Prior notice and deadlines

There is no single deadline applicable to all contracts to notify a visit; what is reasonable is usually to give enough notice to agree on a schedule. When the entry is for non-urgent works or repairs, always request written notice and keep a copy.

  • Always request written notice before any visit.
  • Keep photos, messages and call logs that prove communications and authorizations.
  • Negotiate reasonable times to avoid inconvenience and document the agreement.
  • Do not allow entry if there is no consent except in emergencies or by court order.
Keep all rent receipts and communications related to accesses and repairs.

Entries for repairs and habitability

The landlord is obliged to keep the dwelling habitable; therefore they can arrange necessary repairs, but must respect your right to notice and privacy. In cases of serious breakdowns (for example, a water leak that causes damage) urgent access is allowed to prevent greater harm.

In case of a serious fault, authorize access only if essential and document the intervention.

If the landlord enters without permission

If you believe there has been an illegal entry, act calmly and follow these practical steps to protect your rights.

  • Document immediately: photos, videos and names of witnesses if any.
  • Contact the landlord in writing requesting an explanation and a copy of the notice, and keep the response.
  • If there is no solution, consider filing a claim at the Court of First Instance or requesting precautionary measures.[2]
  • If you fear for your safety, contact law enforcement and keep the report or statement.
Quick documentation and communication of the incident increases the protection of your rights in proceedings.

Frequently asked questions

Can the landlord enter without notice to check something quickly?
Only in emergency situations (risk of serious damage) or with a court order; for routine checks there must be your consent or a contractual arrangement.
What evidence is best if I want to complain?
Photos, dated videos, written messages, witnesses and any written communication with the landlord are the most useful evidence.
Who can I turn to if the landlord does not respect my privacy?
You can file a claim at the Court of First Instance and seek legal advice or assistance from consumer or housing services in your autonomous community.

How to

  1. Gather and organize all evidence (photos, videos, messages, witnesses).
  2. Send a formal written request or burofax to the landlord asking for explanation and measures.
  3. If there is no satisfactory response, file a claim at the Court of First Instance.[2]
  4. Attend the proceedings or hearing providing your evidence and witnesses.
  5. Consider requesting precautionary measures if continued entry endangers habitability or your safety.
  6. Contact legal advice or public housing services for support and guidance.

Key takeaways

  • Document any entry and keep the evidence to support a claim.
  • Request written notices and respect contractual agreements insofar as the law allows.
  • If unresolved, the Court of First Instance is the competent venue to protect tenant rights.

Help and Support / Resources

  1. [1] Urban Leases Act (BOE)
  2. [2] Information on judicial bodies and procedures (Ministry of Justice)
  3. [3] Judiciary Portal

Categories

Tenancy types (primary home, seasonal, student) Term length and renewals (LAU) Tenant early termination (notice and penalty) Landlord non-renewal (grounds and deadlines) Legal deposit and regional lodging Additional guarantees (surety, rent guarantee) Initial rent, stressed areas & reference index Annual rent updates (caps and indexes) Bills & charges (HOA, property tax, utilities) Repairs & upkeep (who pays what) Works and improvements during tenancy Inventory, condition report & keys Landlord access & viewings Subletting & assignment Pets, noise & neighbour relations Municipal registration (padron) & address Social/affordable housing (VPO/VPP) Rent assistance (Youth bonus & regional) Eviction for arrears or end of term Claims & mediation (consumer offices) Unfair terms & nullity Contract registration & taxes (RLI, ITP) Energy performance certificate (EPC) Tourist lets vs seasonal lets Habitability, damp & unhealthy conditions Accessibility and reasonable adjustments Data protection & tenant documents (GDPR)
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Spain

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

Related Articles