Smoke and CO Detectors: Tenant Rights in Spain
If you are a tenant in Spain and you notice that smoke or carbon monoxide detectors are not working, it is normal to feel worried. This article explains, in clear language, what responsibilities the landlord has and what your rights as a tenant are to request repairs or replacements. It also indicates how to document the fault, what deadlines usually apply and when it is necessary to notify in writing or escalate the matter to a court. It offers practical steps to communicate the problem, preserve evidence and, if necessary, make a formal claim or request urgent measures for home safety.
What to check first
Before requesting a repair, follow these steps to make sure the problem is not simple and that you act safely.
- Document the fault with photos, videos and the exact date.
- Contact the landlord by phone and confirm the communication in writing.
- Do not tamper with detectors if they smell burned or if there are symptoms of poisoning.
- Check batteries, fuses or simple power outages before requesting technical intervention.
Keep photos and dated records to prove the fault.
Who pays for repairs?
Under the Urban Leases Act, repairs necessary to keep the dwelling habitable are usually the landlord's responsibility.[1] The contract may allocate small repairs between the parties, but it cannot exempt the landlord from ensuring safety and habitability.
- Repairs to ensure detectors and essential systems are usually the landlord's responsibility.
- Minor maintenance repairs may fall to the tenant if the contract establishes so.
- If the landlord does not act, send a written notice and keep a copy and acknowledgement.
Responding in writing helps preserve your rights if there is a dispute.
How to notify and document
Proper documentation and following reasonable deadlines makes a quick solution more likely and, if necessary, provides evidence for claims.
- Call and then send an email or burofax to record the notification.
- Attach photos, videos and a short dated description.
- Give a reasonable deadline for repair (for example, 7–15 days, unless urgent).
- If there is no response, you can go to the Court of First Instance to seek remedies.[2]
A clear, dated notification speeds up processes and protects your case.
Frequently Asked Questions
- Can I fix the detector myself and deduct it from the rent?
- Only in emergencies and always with proof; it is advisable to notify and wait for a response, and to avoid withholding rent without advice.
- What if the landlord does not respond?
- Send written notice, keep evidence and, if there is no solution, consider filing a claim in court or seeking help from municipal services.
- Can the landlord enter to replace detectors without notice?
- The landlord must respect your privacy and give notice; in emergencies they may enter, but the general rule requires prior notice.
How to do it
- Call the landlord and describe the problem.
- Send a written notice indicating dates and attached evidence.
- Keep copies of communications, photos and any cost if you pay for an emergency repair.
- If there is no response, request judicial assistance at the civil court or legal advice.
Help and resources
- Law 29/1994, Urban Leases (BOE)
- Information on civil courts (Poder Judicial)
- Procedures and judicial guides (Ministry of Justice)
