Rent Deferral and Suspension for Tenants in Spain
As a tenant in Spain, you may wonder whether it is possible to request a deferral or suspension of rent payments when there are economic problems, renovations or loss of habitability. This guide explains in clear language what deferral and suspension mean, when you can request them, what evidence to gather and which deadlines to meet to protect your rights under current legislation. It also covers how to notify the landlord, what to do if the owner does not respond and when to consider going to court. If you need to follow formal steps or submit documents, you will find practical instructions and official links to complete procedures and understand eviction and mediation processes.
What do deferral and suspension mean?
Deferral is an agreement to postpone rent payments to a later date without necessarily canceling them. Suspension, by contrast, involves temporarily stopping payments for a justified reason, such as loss of habitability or serious landlord breach. Both mechanisms can be accepted by agreement between the parties or, in certain cases, be based on regulations and judicial decisions.
When can you request deferral or suspension
You can request deferral or suspension in situations such as:
- Income reduction due to dismissal, ERTE or job loss.
- Necessary works that prevent normal use of the dwelling.
- Serious habitability problems (water, heating, damp).
- Landlord's failure to carry out essential repairs.
Legal basis and deadlines
General tenancy rules and tenant rights are set out in the Urban Lease Law and the Civil Code; for procedural matters, eviction is processed through the civil court of competence[1]. Regarding deadlines, act quickly: document incidents and notify the landlord in writing with clear requests and proposed dates.
How to request it from the landlord
Follow these steps to formalize a request:
- Draft a written request stating the reason, requested period and a proposed payment schedule.
- Attach evidence: receipts, photos, repair estimates or proof of income loss.
- Be clear about your willingness to negotiate and propose alternatives (temporary reduction, installment plan, delay).
- Send the request by certified mail or burofax and keep copies of everything.
If the landlord does not respond or rejects
If there is no agreement and you consider suspension justified due to breach, consult legal advice or consumer services to assess options. In some cases you can go to the Court of First Instance to request interim measures or claims for breach; eviction processes and defense against monetary claims are handled through civil proceedings[2].
Frequently Asked Questions
- Can I stop paying if there are renovation works in the dwelling?
- It depends: if the works prevent normal use and are the landlord's responsibility, a partial suspension or reduction may be justified, but you should notify and document before stopping payments.
- What happens if the landlord sues me for non-payment?
- If there is a lawsuit, the case is processed in civil court; present all documentation that proves your deferral request or the landlord's breach and seek legal assistance if needed.
- Do I need a lawyer to request a deferral?
- Not always, but legal assistance helps in complex cases or when the landlord refuses to negotiate or initiates legal action.
How to
- Draft the written request with clear dates and reasons.
- Gather and attach evidence (photos, estimates, proof of income).
- Send by burofax or certified mail and keep receipts.
- If there is no response, seek advice or file a civil claim if appropriate.
Help and Support / Resources
- Consolidated text of the Urban Lease Law at BOE
- Ministry of Justice: procedures and guidance
- Poder Judicial: information on civil procedures
