Repairs & Agreements: Tenant Rights in Spain

If you are a tenant in Spain and have doubts about who pays for a repair or how to enforce an agreement with the landlord, this practical guide explains your rights and clear steps under Spanish law. You will see which obligations usually fall to the landlord or tenant, how to document repair requests, what deadlines to respect and when to go to the Court of First Instance to enforce the agreement or the repair.^[1]

What does maintenance cover and who pays?

The Urban Leases Act and the Civil Code distinguish between repairs necessary to preserve habitability and those resulting from normal use. In general, the landlord must keep the dwelling habitable and handle structural repairs, while the tenant covers minor repairs due to ordinary wear.^[1]

General obligations

Before agreeing any deduction or carrying out repairs on your own, check the contract and always communicate the problem in writing. A verbal agreement can be valid but is harder to enforce without proof.

• Heating and hot water: usually the landlord's responsibility.
• Plumbing and electricity: structural repairs are the landlord's duty.
• Painting and wear from normal use: normally the tenant's responsibility.

How to document and enforce an agreement

If there is an agreement about repairs (for example, that the landlord will pay after receiving an estimate), document everything: dates, communications and proof of the issue. Send the request in writing and set a reasonable deadline for intervention.

• Document the problem with photos, videos and estimates.
• Communicate the repair request in writing and keep a copy of the notification.
• If there is no response, seek advice or mediation to avoid a larger conflict.
• If the landlord does not comply, prepare the claim for the Court of First Instance and request enforcement of the agreement.^[2]

Judicial process and enforcement

If you exhaust the extrajudicial route and need to claim in court, the civil procedure allows you to request measures and the enforcement of judgments. The Court of First Instance is the usual forum for disputes between landlord and tenant; at that stage, the documentation you provide will be key to proving the agreement and its breach.^[2]

Frequently Asked Questions

Who should pay for an urgent repair?

The landlord is responsible for keeping the dwelling habitable; urgent repairs are usually their responsibility unless there is an express agreement to the contrary.

Can I repair and deduct it from the rent?

Only in specific cases and with proof and prior notice; it is advisable to agree it in writing or claim it in court if there is no agreement.

What do I do if the landlord does not comply?

Document the issue, send a written request and, if there is no solution, file a claim in the Court of First Instance to request enforcement.

How to

1. Notify the defect in writing and request repair indicating a specific deadline.
2. Gather photos, estimates, invoices and all dated communications.
3. Seek advice from consumer services, free legal services or mediation if available.
4. If there is no response, file the claim in court and request enforcement of the repair obligation.

Key takeaways

• Clear documentation is essential to enforce an agreement or claim in court.
• Communicate in writing and set deadlines to reduce misunderstandings.
• If the landlord does not comply, the Court of First Instance is the route to request enforcement.

Help and resources

• Consolidated LAU text (BOE)
• Forms and templates (mjusticia.gob.es)
• Information on procedures (poderjudicial.es)

1. [1] BOE - Consolidated text of the Urban Leases Act
2. [2] Ministry of Justice - Information on civil procedures