Tenant Repair Rights in Spain
If you are a tenant in Spain and have doubts about who is responsible for repairs, this guide explains in a clear and practical way what you can demand and how to protect your rights. We will see when the landlord must carry out repairs for habitability, which works are the tenant's responsibility, how to document faults or damage, and the steps to claim before going to court. We also indicate deadlines, written communications and official resources to resolve problems without losing rights. The language will be accessible and we will avoid jargon so that you know how to act confidently if you need to demand a repair or negotiate a solution with the landlord.
Who pays for repairs?
In general, the Law on Urban Leases (LAU)[1] establishes obligations: the landlord must guarantee habitability and pay for structural repairs and basic installations, while the tenant is usually responsible for damage from use or small repairs agreed in the contract.
In practice, it is advisable to review the contract to see specific clauses.
- Structural repairs and essential installations (water, heating) are normally the landlord's responsibility.
- Minor repairs due to ordinary wear may fall to the tenant according to the contract.
- Damage from negligence or improper use is the tenant's responsibility and may give rise to compensation.
Urgent repairs and safety
If there is a danger to health or integrity (gas leaks, lack of water) notify the landlord and, if they do not respond within a reasonable time, take urgent measures keeping invoices as proof.
Keep photos and receipts to document emergencies and payments made.
If after written notification the landlord does not act, you can claim judicially or administratively; for evictions and civil procedures consult the Civil Procedure Act[3] and the Civil Code[2].
Frequently Asked Questions
- Can I repair and deduct it from the rent?
- Only if the contract or the law allows it and after giving written notice; keep all documentation and, if in doubt, seek legal advice before deducting.
- How long does the landlord have to respond?
- There is no single deadline in the LAU; act promptly and notify in writing indicating a reasonable deadline; keep a record of the communication.
- What do I do if the landlord enters without permission to repair?
- The landlord needs your consent to access except in an emergency; otherwise document the entry and seek advice.
How to do it
- Notify the problem in writing to the landlord describing the fault and requesting repair.
- Document with photos, videos and receipts any damage or related payment.
- Give a reasonable deadline for the solution and keep the communication as evidence.
- If there is no response, request mediation or file a claim at the Court of First Instance.
Always respond to judicial notifications within deadlines so as not to lose rights.
Key takeaways
- The landlord has the basic obligation to ensure habitability.
- The tenant is responsible for damage from improper use and contractual minor repairs.
- Documenting and communicating in writing increases chances of resolution.
