Passing Community Fees to Tenants in Spain
As a tenant in Spain it is normal to wonder who pays what: community fees, IBI, waste and utilities. The answer depends on the contract and the law; some costs are the owner's responsibility by law, and others can be agreed as chargeable to the tenant if the contract specifies it. This article explains, in plain language, which items are usually chargeable to the tenant, what limits the Urban Leases Act and the Civil Code set[1][2], how to review your contract step by step and what to do if you believe you are being charged unlawfully. You will find practical examples, deadlines to claim and the documents that will be useful if you need to go to court or mediation in Spain.
Which costs can be charged to the tenant
There is no single answer: the general rule is that only costs expressly agreed in the contract and that do not contravene the law may be charged to the tenant. In practice, these concepts often appear:
- Ordinary community costs (cleaning, common area lighting, elevator).
- Extraordinary fees approved by the community (only if provided for in the contract or agreement).
- Services and utilities contracted in the tenant's name.
- IBI and municipal taxes only if the contract assigns them and applicable law does not prohibit it.
Always review the written contract: what is agreed there is often decisive to know who pays each concept.
Which costs are usually not chargeable
There are items that, as a general rule or by judicial interpretation, correspond to the owner: structural conservation works, repairs necessary for habitability not caused by the tenant and charges that law assigns to the landlord.
In many cases structural and habitability repairs are the landlord's responsibility, not the tenant's.
Deadlines and form of collection
If the owner intends to charge the tenant, it must be done clearly and preferably by receipt or invoice that justifies the amount. To claim undue amounts there are deadlines and procedures: it is advisable to claim in writing before going to court.
Always keep receipts, messages and communications; they will be evidence if you need to claim.
How to claim if you are charged unlawfully
If you believe you are being charged unlawfully, follow a stepped procedure: formal communication with the owner, mediation or a claim in the Court of First Instance if there is no agreement. Documentation and details of the amounts are key.
- Send a written claim and keep a copy.
- Gather the contract, receipts and communications as evidence.
- Request mediation or advice before litigating.
Documenting dates and amounts greatly increases your chances of success in a claim.
Frequently Asked Questions
- Can the owner charge community fees to the tenant?
- Only if the contract establishes it and the law does not prohibit it; there must also be proof of the amounts charged.
- Who pays repairs for a general breakdown?
- Repairs necessary for habitability are usually the owner's responsibility, unless otherwise agreed and always within legal limits.
- What to do if I receive an invoice I do not recognize?
- Request details and receipts from the owner in writing; if they do not respond, file a claim and keep all evidence.
How-To
- Gather the contract, receipts and communications about the costs.
- Send a written claim to the owner requesting supporting documents.
- If there is no resolution, request mediation or free legal advice (consumer services or lawyers).
- As a last resort, file a claim at the Court of First Instance with the documentation.
Help and Resources
- Law 29/1994, Urban Leases Act - BOE
- Ministry of Justice - Procedures and forms
- Judicial Power - Information on courts
