Repairs and Maintenance: Tenant Rights in Spain
If you rent in Spain and worry about who must pay for repairs or keep the home habitable, this practical guide explains your rights and the steps to take. You will learn the landlord's obligations under the Urban Leases Act and the Civil Code, which repairs fall to the tenant, how to document damage and when to make a claim. I also explain timelines, formal requirements and options to go to the Court of First Instance if there is no amicable solution. The aim is to give clear information to protect your home and safety without needing to be a lawyer, with tools to negotiate, submit writings and prepare evidence.
Who pays for repairs?
The general rule is that the landlord is responsible for repairs necessary to keep the dwelling habitable, unless the contract states otherwise or the damage was caused by the tenant. This rule is based on the Urban Leases Act and the Civil Code.[1]
Common repairs borne by the landlord
- Structural repairs and essential installations (water, heating and electricity).
- Maintenance affecting safety or healthiness of the dwelling.
- Works necessary for the home to meet habitability standards.
Repairs usually the tenant's responsibility
- Minor fixes due to ordinary wear and tear, unless otherwise agreed.
- Damage caused by negligence or misuse by the tenant or their visitors.
How to document and claim
Before starting legal proceedings, document the problem and notify the landlord in writing. Take photos, keep receipts and ask for written confirmation. If the landlord does not act, you can send a formal request or burofax and, if appropriate, go to the Court of First Instance to claim compliance or compensation.[2]
Practical steps
- Document the issue with photos and dates.
- Send a written request stating the repair needed and a reasonable deadline.
- Keep all correspondence and request acknowledgment of receipt.
- If there is no answer, consider filing a claim in the Court of First Instance.
Frequently asked questions
- Can the landlord charge me for a repair that is his responsibility?
- No, if the repair is necessary to maintain habitability it normally falls to the landlord; the tenant only pays for damages caused by their fault.
- What deadline should I give the landlord to repair?
- You should indicate a reasonable deadline according to the severity (hours/days for emergencies; up to 15-30 days for non-urgent repairs).
- Can I withhold rent if there is a serious defect?
- Withholding rent is risky; it is preferable to claim via the courts or negotiate a rent reduction and leave written evidence.
How to (step-by-step)
- Review your lease to understand agreed obligations and clauses on repairs.
- Document the defect with photos, videos and receipts for urgent repairs.
- Send a written request to the landlord indicating the repair and the deadline requested.
- If there is no response, file a claim in the Court of First Instance or seek judicial mediation.
Help and resources
- Texto consolidado: Ley de Arrendamientos Urbanos
- Ministry of Justice: information and forms
- Judicial Authority: guidance on civil procedures
