Payment deferrals and suspension for tenants in Spain
If you are a tenant in Spain facing payment deferrals or suspension of payments or works, this article explains step by step your rights and options. You will find information on who must pay repairs according to the Urban Leases Act and the Civil Code, how to document habitability problems, what legal deadlines you must meet and when to go to the landlord or the court. We also indicate how to request deferrals or negotiate suspensions, what evidence to gather and what forms or notices are common. The language is clear and practical so you can make informed decisions and protect your rights as a tenant without needing to be a lawyer.
What you can do
The first step is to identify whether the cause of the deferral or suspension affects habitability or rent payment and whether the landlord or the tenant must assume the repair. Consult the Urban Leases Act for limits and obligations [1] and note dates, communications and costs.
- Notify the landlord in writing about the problem and request the repair or deferral.
- Keep all communications, invoices and estimates related to the fault or delay.
- Request a reasonable timeframe for works or payment and record it by certified mail or burofax.
- If there is a health or safety risk, insist on urgency and consider requesting precautionary measures in court.
If the landlord does not address the request, consider an amicable route first and, if there is no response, prepare an administrative complaint or civil claim in the relevant Court of First Instance [2]. Gather evidence: messages, photos, technical reports and estimates.
Frequently asked questions
- Can the landlord suspend works due to tenant non-payment?
- It depends on the contract and the cause of non-payment; normally they cannot suspend works necessary for habitability, and there are legal limits regulated by the Urban Leases Act [1].
- Who pays for structural repairs?
- Structural repairs are usually the landlord's responsibility, unless the contract states otherwise or the damage is due to the tenant's negligence.
- What deadlines do I have to claim a deferral?
- You must act diligently: notify the landlord as soon as possible and respect procedural deadlines if you bring the case to court.
How to
- Detect and document the problem: photos, date and clear description.
- Send a written claim to the landlord detailing the repair or deferral request.
- Attach estimates and keep copies of communications.
- If there is no response, seek legal advice or support from municipal housing services.
- File a claim in the Court of First Instance if it is not resolved, providing all documentation.
- During the process, request provisional measures if health or safety are at risk.
Key takeaways
- Always notify in writing and keep proof.
- Essential repairs are usually the landlord's responsibility.
- If there is no solution, you can claim in court providing evidence.
