Legal Deadlines & Options for Tenants in Spain
As a tenant in Spain it is important to know the legal deadlines to claim rent, deposits or repairs and the alternatives to filing a lawsuit. This text explains, in plain language, when an action prescribes, what deadlines to follow to notify the landlord and how to use alternative routes such as mediation, administrative claims or burofax. It also details which documents to gather to increase the chance of success and where to find official forms and court assistance. If you face habitability issues, unfair rent increases or risk of eviction, this guide directs you step by step to act within deadlines and preserve your rights in Spain.
Key legal deadlines for tenants
Some common claims have their own prescription periods. For example, actions arising from the lease contract and rights over the deposit follow what is established in the tenancy regulations and the Civil Code; consult the consolidated text for specific deadlines.[1] For claims for repairs or lack of habitability, act as soon as you detect the problem and document communications with the landlord. Eviction proceedings follow different procedural deadlines and must be filed before the Court of First Instance.[2]
Common deadlines
- Deadline to claim deposits: normally opens at contract termination; act within the months set by the applicable rules.
- Claims for repairs: start the claim as soon as the lack affects habitability.
- Actions for contractual breach: check the prescription periods of the Civil Code and the LAU.
Alternatives to suing
It is not always necessary to go to court. There are less costly and faster avenues that can resolve disputes with the landlord without judicial proceedings.
- Send a burofax or certified communication requesting repair or deposit return.
- Request mediation or conciliation before going to court, if both parties agree.
- Gather and present solid evidence (photos, quotes, receipts) to show the breach.
How to prepare an effective claim
Before starting any procedure, organize documentation: contract, photos, communications, payment receipts and quotes. Draft a clear claim stating facts, dates and the requested remedy. If you will send a burofax, keep the acknowledgment of receipt. Consider seeking advice at municipal housing services or free legal orientation services if you meet the requirements.
Frequently asked questions
- How long do I have to claim a repair?
- You should claim as soon as you detect the problem; prescription varies depending on the specific action, so documenting the date and notifying the landlord quickly is key.
- Can I reduce the rent for lack of habitability?
- In some cases you can request a proportional reduction or demand repair, but it is important to notify and, if possible, agree in writing or go to mediation.
- What should I do if I receive an eviction order?
- Respond within the procedural deadlines, seek immediate legal advice and consider alternatives such as requesting time to find accommodation or negotiating with the landlord.
How to (step-by-step)
- Check the deadline applicable to your case and note the final date to act.
- Gather evidence: photos, messages, contracts and receipts that prove the problem.
- Send a written claim to the landlord (burofax or certified mail) stating the remedy requested.
- If there is no response, offer mediation or request conciliation before filing a lawsuit.
- If appropriate, file the claim at the Court of First Instance within the deadline and attach all evidence.
Key takeaways
- Act quickly and within deadlines to preserve your rights.
- Document and keep evidence to strengthen your position against the landlord.
- Mediation and burofax are often effective and less costly alternatives.
Help and Support / Resources
- Consolidated LAU and regulations at BOE
- Guides and procedures at the Ministry of Justice
- Information on courts and tribunals
