Repairs and Who Pays: Tenants in Spain
As a tenant in Spain, knowing who must pay for repairs and maintenance is essential to protect your rights and avoid disputes. This article explains, clearly and practically, which expenses usually fall to the landlord and which to the tenant, how to document damage, what deadlines apply under the Urban Leases Act and how to file a claim if no action is taken. It includes steps to request repairs, examples of emergency and non-emergency works, and tips for keeping evidence and receipts. If you have doubts about contractual obligations or habitability, you will find simple guidance and official resources to defend your situation without unnecessary confrontation.
Who pays for repairs?
The Urban Leases Act sets out the basic obligations regarding conservation and repairs.[1] In general, the landlord must take care of works necessary to keep the dwelling habitable, while the tenant is responsible for minor repairs resulting from ordinary use. Check the consolidated text at the BOE.
Common examples:
- Structural repairs and habitability problems (serious damp, unsafe electrical installations) are usually the landlord's responsibility.
- Minor repairs due to normal wear (light bulbs, taps leaking from use) may fall to the tenant, unless agreed otherwise.
- Withholding the deposit for unjustified damage must be supported by an estimate or invoice.
In most cases, the landlord must guarantee habitability.
How to document and claim
Before claiming, document the problem with dated photos, videos, estimates and receipts. Notify the landlord in writing (email and, if possible, burofax or certified mail) explaining the fault and requesting repair within a reasonable time. If there is no response, you may go to the Court of First Instance or initiate eviction proceedings according to the Civil Procedure Act.[2] Keep copies of all communications and delivery receipts.
Always respond to court notifications within the indicated deadline to avoid losing rights.
Practical tips:
- Keep photos, videos, estimates and all receipts related to the fault.
- Do not carry out major works without the landlord's written authorization unless it is an emergency affecting habitability.
- Send a formal request and keep the proof of sending.
Frequently Asked Questions
- Who should pay for major repairs?
- The landlord, unless the contract states otherwise and except for damage caused by the tenant.
- Can I withhold rent if a fault is not fixed?
- Generally it is not recommended to withhold rent; first document and claim in writing and seek advice. In serious cases, consult the court.
- How do I prove a habitability problem?
- Keep photos, technical reports, communications with the landlord and estimates or invoices.
How to claim a repair
- Contact the landlord or manager in writing, explaining the problem and requesting a solution.
- Document the damage with photos, videos and estimates.
- Send a formal request (burofax or certified mail) and keep delivery receipts.
- If there is no response, file the claim at the Court of First Instance or request urgent measures as appropriate.
Key takeaways
- The landlord is usually responsible for what affects habitability.
- Always document damages with evidence and estimates.
- Use written requests and formal notices before going to court.
