Tenant claims and alternatives in Spain
If you are a tenant in Spain and face problems with the landlord, repairing defects or starting a lawsuit, this article guides you step by step. We will explain when it makes sense to file a judicial claim, what out-of-court alternatives exist (mediation, administrative claim or settlements), and how to document maintenance and repair claims. We also detail deadlines, useful documents and what to expect in the Court of First Instance. The language will be clear and practical so you can decide confidently and take measures that protect your home, your deposit and your rights as a tenant.
Options and first steps
If you have a problem with maintenance, repairs or paying rent, know the options before taking legal action. You can negotiate, request urgent repair or prepare a complaint. Weigh deadlines and cost-benefit according to your situation and keep all documentation.
Documents to gather
- Lease contract and annexes (rent)
- Receipts and proof of rent payments (rent)
- Photos and videos of damage or lack of habitability (repair)
- Communications and formal demands sent to the landlord (notice)
- Estimates or invoices for repairs you carried out (repair)
- Record of dates, deadlines and responses (deadline)
When to file a lawsuit
Filing a judicial claim is usually the alternative when the landlord fails to meet maintenance obligations or refuses to repair serious defects that affect habitability. First assess urgency, cost and available evidence. Check the applicable regulations before litigating. [1]
Alternatives to a lawsuit
- Mediation or direct negotiation with the landlord (help)
- Send a formal demand or burofax to request repairs (notice)
- Administrative complaint to the town hall or consumer office (file)
Prepare the claim and the process
If you opt for the judicial route, prepare a clear claim with documented facts, concrete requests (repairs, rent reduction, compensation) and calculate procedural deadlines. The ordinary or summary procedure will depend on the amount and the matter; in eviction for non-payment act quickly. [2]
Frequently Asked Questions
- When can I claim repairs from the landlord?
- You can claim when there is a defect that affects the habitability or safety of the property; the Urban Leases Act regulates landlord obligations. [1]
- How long can an eviction case take?
- The time varies depending on the Court and if there is a repossession; it usually ranges from weeks to several months depending on complexity and appeals. [2]
- Do I have to pay costs if I lose the trial?
- The imposition of costs depends on the outcome and procedural conduct; consult the Court or applicable rules for your case. [3]
How to
- Gather all evidence: contracts, receipts, photos and communications (evidence)
- Send a formal demand to the landlord to try to resolve the matter out of court (notice)
- If there is no agreement, file the claim at the corresponding Court of First Instance (court)
- Attend the hearing with copies of all evidence and follow the instructions of the Court clerk (court)
- If the ruling is favorable, request execution and enforcement of the judgment to obtain repairs or compensation (success)
