Repairs and Maintenance for Tenants in Spain
As a tenant in Spain you may have doubts about who must pay for small or large repairs, timelines to request fixes and how to document problems to claim from the landlord or, if necessary, go to court. This guide explains clearly and practically what the Urban Leases Act and the Civil Code cover, which responsibilities usually fall on the owner or the tenant, and what steps to take if the repair is not made. It includes common examples, recommended timelines and official resources to file a claim or get advice. The aim is to help you make informed decisions, keep evidence and protect your home in Spain.
Who pays for repairs?
In general, legislation and case law distinguish between repairs necessary to maintain habitability and small wear-and-tear repairs. Repairs affecting structure, basic installations or safety are usually the landlord's responsibility, while small wear-and-tear repairs may correspond to the tenant. For complex matters you can go to the Court of First Instance or consult the Urban Leases Act to clarify obligations and deadlines [1].
Common landlord responsibilities
- Roof, structure and elements that affect safety.
- Water and heating systems (heating, water) that guarantee supply.
- Electrical installations and plumbing that compromise habitability (repair).
- Damp or structural problems derived from building maintenance.
Repairs the tenant may pay
- Small wear-and-tear repairs, such as light bulbs or minor taps.
- Replacement of items of habitual use with low cost.
- Minor urgent repairs if the landlord does not respond and there is risk to the home.
How to claim repairs
If you detect a problem, follow these steps: notify the landlord in writing, keep evidence (photos, messages, quotes) and set reasonable deadlines for action. If the landlord does not address the claim you can request measures through judicial or administrative channels. Before starting a procedure, review the contract and the Urban Leases Act to see clauses on obligations and amounts [1]. If it is an eviction for non-payment or a serious dispute, the civil procedure in court applies [2].
Frequently Asked Questions
- Who should pay structural repairs?
- Usually the landlord, because they affect safety and habitability; document the problem and notify in writing.
- Can I withhold rent if the repair is not done?
- Withholding rent without agreement or court order can be risky; it is better to claim in writing and, if necessary, go to court to request measures.
- What deadlines exist to claim?
- There is no single deadline: act diligently, notify quickly and consult the LAU or legal advice for specific deadlines depending on the case.
How to do it
- Notify the landlord in writing detailing the defect and the date (notice).
- Document damages with photos, quotes and receipts (record).
- Seek dialogue and request repair within a reasonable period; keep responses and conversations (contact).
- If there is no response, consult the Court of First Instance or advice and file a claim if appropriate (court).
- Meet procedural deadlines and provide all documentation during the process (time).
Help and resources
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Information on civil procedures
- Poder Judicial - Judicial resources and guidance
