Rent Deferrals and Suspension in Spain
As a tenant in Spain, it is common to wonder whether payment deferrals or the suspension of obligations are legal when there are habitability problems or economic difficulties. This article explains, clearly and practically, the differences between requesting a rent deferral and achieving a temporary suspension of payment, who must pay for repairs, which deadlines and notifications must be met, and how to use the Ley de Arrendamientos Urbanos and the judicial route if necessary. We also explain how to document damage, whom to claim repairs from, and public resources where you can seek free advice. If you face an eviction order, learn the deadlines and the competent courts.
What is deferral and suspension?
A deferral is an agreement or request to postpone rent payment; suspension usually consists of temporarily withholding payment due to a landlord's serious breach, such as lack of habitability. In Spain, many of these situations fall under the Ley de Arrendamientos Urbanos and the Civil Code, and may end up in judicial proceedings if there is no agreement.[1]
Who pays for repairs?
- The landlord must maintain the home and pay for repairs necessary for habitability.
- The tenant must pay for damage caused by misuse and day-to-day bills if the contract so states.
- Always document defects with photos, dates and written notices to the landlord.
How to request a deferral or claim suspension
Before stopping payments, try to communicate the problem in writing and formally request a deferral or repair. If the dwelling is uninhabitable, suspension may be a legal option, but it requires evidence and usually judicial intervention or mediation.
- Notify the landlord in writing describing the damage and requesting a deadline or repair.
- Propose a payment schedule if you seek a temporary deferral.
- Gather photos, estimates and communications as evidence.
- If there is no agreement, consult the Juzgado de Primera Instancia for civil proceedings or requests for urgent measures.
Frequently Asked Questions
- Can a tenant request a rent deferral?
- Yes, they can request it from the landlord and document it in writing; the agreement depends on the parties or the judge if it is challenged.
- Can payment be suspended for serious repairs?
- Suspension due to lack of habitability is possible in serious cases, but it requires evidence and usually a judicial resolution or specific procedure.[1]
- What happens if there is an eviction order?
- Eviction is a judicial procedure governed by the Ley de Enjuiciamiento Civil; it is important to know deadlines and defenses and to seek legal advice immediately.[2]
How to
- Gather evidence: photos, estimates and dated communications.
- Notify the landlord in writing requesting repair or deferral.
- Propose a payment plan and keep the response.
- If there is no agreement, file the claim or request measures in the Juzgado de Primera Instancia.
Key takeaways
- Documenting the problem increases your chances of success in claims.
- Always meet notification and response deadlines to preserve your rights.
Help and support
- Consolidated text of the LAU - BOE
- Information on civil procedures - Ministry of Justice
- Guides and procedures - Judicial Power
