Repairs: tenant rights in Spain
As a tenant in Spain, it is natural to wonder who must pay for repairs and keep the home safe and habitable. This article explains, in clear language, the landlord's obligations and the tenant's responsibilities according to the Urban Leases Act and the Civil Code. You will see what types of repairs usually fall to the owner, which expenses are minor tenant duties, how to document damage, what deadlines to follow and what steps to take if the owner does not act. We also include practical action models, when to go to court and official links to file claims or get advice. The goal is for you to protect your home and your rights without complications.
Who pays for repairs?
The general rule distinguishes between repairs necessary to keep the home habitable and minor fixes due to normal wear and tear. Below are common examples that usually apply in Spain, taking into account the Urban Leases Act and case law.
- Major structural repairs: roof, walls, foundation and elements that affect building safety.
- Essential services: water, sewage and heating installations that guarantee habitability.
- Minor maintenance repairs: light bulbs, handles, sockets damaged by normal use.
In practice, essential repairs are usually the landlord's responsibility.
Document and claim
Before starting any formal action, document the problem and inform the landlord in writing. Keeping an orderly record makes claims and, if necessary, court proceedings easier.
- Send a written notice to the landlord detailing the fault and the date you detected it.
- Keep photos, videos and estimates that prove the damage and the estimated repair cost.
- If there is no response, request a repair in a reasonable period in writing and demand copies of any accepted estimates.
- If inaction continues, consider going to the Court of First Instance or seeking judicial assistance.
Keep all communications and receipts to prove your actions.
What to do if the landlord does not act?
If the landlord does not address the repair, consider options such as hiring the repair and claiming the cost (only when the contract or the law allows), filing a complaint with consumer authorities or going to court. Avoid withholding rent on your own without advice.
- Pay and deduct from the rent only if the contract permits and with estimates and prior notification.
- File a claim in the Court of First Instance for breach of the conservation obligation.
- Seek advice from free legal guidance services or professionals.
Do not make rent deductions without notice and documentation; you could be accused of nonpayment.
FAQ
- Who pays for structural repairs?
- The landlord is usually responsible for repairs that affect the structure or habitability; the tenant is liable for damage caused by negligent use.
- Can I withhold rent if there is no heating?
- It is not advisable to withhold rent without following the legal procedure; first notify, document and seek advice; in extreme cases you can go to court.
- How long does the court take to resolve a repair claim?
- Deadlines vary; check with the Court of First Instance and consider mediation to speed up the solution. [2]
How-To
- Notify the landlord in writing describing the fault and the date of detection.
- Document with photos, videos and estimates.
- Keep copies of all communications and request acknowledgment of receipt.
- If there is no action, consult the Court of First Instance or legal advice services.
Key takeaways
- Documenting and notifying in writing is essential to protect your tenant rights.
- Repairs affecting habitability usually fall to the landlord.
- If the landlord does not act, administrative and judicial remedies are available.
Help and Support
- Urban Leases Act (BOE)
- Ministry of Justice - Information and procedures
- Poder Judicial - Court information
