Mediation for Tenants in Spain: When It Helps

What is mediation and when to use it?

Mediation is an extrajudicial method to resolve conflicts between tenants and landlords that prioritizes agreement and communication. It does not replace access to justice, but it can save time and cost if both parties are willing to negotiate. When the matter involves interpretation of the Ley de Arrendamientos Urbanos ^[1] or includes eviction civil procedures regulated by the Ley de Enjuiciamiento Civil ^[2], mediation can open alternatives before going to court.

Cases where it is usually convenient

• Rent increases and negotiation of payment terms.
• Eviction notices for non-payment when there is a real possibility of agreement.
• Repairs and habitability issues the landlord does not address.
• Disputes about deposit, guarantees or refunds.
• Conflicts about access, keys or privacy between landlord and tenant.

How mediation works in Spain

Mediation services can be public or private; some municipalities and the Ministry of Justice provide information about accredited mediators ^[3]. The process usually includes an application, one or more sessions with the mediator and the drafting of an agreement if the parties reach an understanding. The agreement can be binding if recorded in writing and the applicable legal requirements are met.

Costs and confidentiality

In public services mediation can be free or low-cost; in the private sector fees are agreed. Mediation is confidential: what is discussed cannot be used as evidence in court without the consent of both parties.

Frequently Asked Questions

Is mediation mandatory for tenants?

No, mediation is voluntary unless a judge orders it in specific cases; you can always choose it before starting or during a judicial procedure.

Can mediation stop an eviction?

Mediation can delay or avoid an eviction if a payment or relocation agreement is reached, but it does not suspend the procedural deadlines established by the Ley de Enjuiciamiento Civil ^[2].

Where can I find official mediation services?

You can get information from the Ministry of Justice, municipal consumer offices (OMIC) or the Judicial Authority services according to your region ^[3].

How to do it

1. Gather documentation: contract, rent receipts, communications and photos that prove the issue.
2. Contact the public mediation service or an accredited mediator to request an appointment.
3. Submit the application and provide the required documentation before the session.
4. Attend the session, present your case and, if there is an agreement, sign the document that records the commitments.

Key points

• Mediation facilitates practical and quick solutions when both parties want to negotiate.
• If there is an immediate risk of eviction, seek legal advice in addition to mediation.
• Always keep copies of receipts and communications to present as evidence.

Help and Support / Resources

• Ministry of Justice contact
• BOE - Consolidated text of the Ley de Arrendamientos Urbanos
• Evictions - Judicial Authority

1. [1] BOE - Texto consolidado Ley de Arrendamientos Urbanos
2. [2] BOE - Ley de Enjuiciamiento Civil
3. [3] Ministerio de Justicia - Servicios de mediación y orientación