Legal Deadlines for Tenants on Damp in Spain
If you are a tenant in Spain and find leaks or damp in your home, knowing the legal deadlines to claim is key. These issues affect habitability and may require urgent repairs by the landlord. In this article we explain in clear language which deadlines apply to request fixes, how to document damage, when to file a complaint or claim and what to expect if the case reaches the courts. We also indicate practical steps to preserve evidence, communicate incidents in writing and, if appropriate, demand a solution without losing rights. The guide follows applicable regulations and points to official resources and complaint routes for tenants.
What deadlines and obligations exist?
The landlord has the obligation to keep the dwelling habitable and must carry out necessary repairs within a reasonable time from when the tenant notifies them. If the repair is urgent (for example, a leak causing extensive damp), the timeframe is immediate or within days depending on severity. When the communication is in writing, keep proof that shows the date of notice. If there is no response, the tenant can demand the repair or resort to the courts.[1] In matters that go to procedure, claims are processed before the corresponding Court of First Instance.[2]
Document damp with dated photos from the first day you detect it.
Practical first steps
- Notify the landlord in writing of the issue; use certified mail or burofax to leave a record.
- Request urgent repair and ask for specific deadlines for the intervention.
- Keep photos, videos and any documents (estimates, invoices, reports) as evidence.
- Record calls and communications: date, time and summary of what was discussed.
Concrete timeframes (guidance)
- Urgent repairs: should be addressed immediately or within days due to the severity of the damage.
- Non-urgent repairs: the landlord must act within a reasonable time after receiving the notice.
- If the landlord does not respond, the tenant can formally require action and then initiate legal claims.
Always respond to notifications and keep copies to avoid losing procedural deadlines.
Recommended practices before litigating
Before filing a lawsuit, try to exhaust extrajudicial channels: send a reliable letter requesting a deadline and repairs, get repair estimates and request a technical report if necessary. If you consider withholding rent or paying for repairs and deducting them from the rent, seek legal advice, since these actions carry risks and formal requirements.
A clear written exchange with dates increases the effectiveness of any later claim.
Frequently asked questions
- How long does the landlord have to repair a leak?
- It depends on the severity: urgent repairs must be done immediately or within days; non-urgent repairs within a reasonable time after notice.
- Can I withhold rent because of damp?
- Withholding rent is a risky measure and applies only in specific situations; it is advisable to get advice and document everything before taking that step.
- What evidence should I keep?
- Dated photos and videos, communications to the landlord (mail, burofax), estimates, invoices, technical reports and any witness statements.
How to
- Notify the landlord in writing of the leak requesting repair and a specific deadline.
- Document the damage with photos and keep all communications and estimates.
- If the landlord does not act, obtain an estimate and consider having a professional repair and invoice.
- If unresolved, file a claim at the Court of First Instance or explore alternative resolution routes.
Key takeaways
- Act promptly and document from the first day you detect damp.
- Keep evidence and written communications to support your claim.
Help and resources
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Information on civil procedures
- Poder Judicial - Guide to judicial bodies
