Repairs and Maintenance: Tenant Rights in Spain
As a tenant in Spain, understanding who must pay for repairs and maintenance of the flat is essential to protect your rights and avoid conflicts with the landlord. This guide explains, in clear and practical language, which responsibilities commonly fall to the owner and which to the tenant, what deadlines and legal processes exist and what evidence you should keep. You will also find steps to make a claim, how to act on habitability problems and what options the judicial route or mediation offer. If you are not a legal expert, here you can find step-by-step guidance to make informed decisions and to claim repairs without losing your rights.
Who pays for repairs?
The Urban Leases Act sets basic conservation obligations that usually fall to the owner, especially regarding structural and habitability matters.[1] Generally, breakdowns affecting safety, heating, water supply or structure should be borne by the landlord, while minor repairs due to ordinary use are typically the tenant's responsibility.
In practice, contracts can specify responsibilities, so it is wise to read the lease carefully.
- Major repairs: structure, serious electrical installation, main plumbing.
- Habitability: heating, hot water and absence of damp that prevents use.
- Deposits and guarantees: deductions for proven damages after inventory.
- Minor repairs: seals, light bulbs, small fixes from daily use.
Deadlines and notification
When you detect a problem, notify the landlord in writing with date, description and photos. Giving a reasonable deadline for repair helps avoid disputes and prepares a possible court procedure if there is no response.
Always respond to notices and keep copies of everything you send or receive.
- Send a written notice describing the fault and the date it was detected.
- Attach photos and any document proving the damage or risk to the dwelling.
- Specify a reasonable deadline for repair; document that you have given the owner time to act.
How to document and claim
Documentation is key: keep messages, emails, dated photos and receipts for expenses if you had to pay to avoid greater damage. If the landlord does not act, you can claim in writing and, if appropriate, go to court or mediation.
Clear and well-organized evidence improves your chances in a claim.
- Photographs with dates and copies of the notices sent.
- Estimates or invoices if you paid for urgent repairs to prevent greater damage.
- Keep names and contact details of technicians or witnesses who can testify.
Frequently Asked Questions
- Who pays for structural repairs?
- Normally the owner pays; conservation obligations fall on the landlord unless the contract states otherwise.[1]
- If the landlord does not repair, can I pay and deduct it from the rent?
- Only in very specific cases and after notifying and allowing time; it is advisable to consult first and keep invoices and communications.
- Which route should I use to make a formal claim?
- You can start with an extrajudicial claim, mediation, or go to the Court of First Instance to seek compliance or compensation.[2]
How to (step-by-step)
- Document the issue with photos, date and a detailed description.
- Send a written formal notice to the landlord requesting the repair.
- Allow a reasonable deadline and keep proof that you have notified them.
- If there is no response, request mediation or go to the Court of First Instance as appropriate.[2]
Key takeaways
- The landlord usually covers habitability and major repairs.
- Document everything: photos, communications and invoices.
- Notify in writing and give a deadline before taking legal action.
Help and Support / Resources
- BOE - Consolidated text of the Urban Leases Act
- Forms and procedures (mjusticia.gob.es)
- Eviction procedures and courts (poderjudicial.es)
