Tenant Repairs and Lawsuits in Spain

If you are a tenant in Spain and have problems with repairs, habitability conditions or lack of response from the landlord, it is useful to know what options you have before filing a lawsuit. This article explains step by step how to claim repairs, when the landlord is responsible according to the Urban Leases Act, what documentation to gather and what alternatives exist to going to court, such as mediation or administrative complaints. We use simple language so you understand your rights, deadlines and basic documents, and so you know when it is reasonable to demand formal solutions or seek legal advice. Avoiding delays and documenting everything increases your chances of resolving the issue without entering a long procedure.

What you can claim and who pays

You can claim repairs that affect habitability (water, heating, serious damp, sanitation) and that are not the result of misuse. The Urban Leases Act regulates basic responsibilities regarding conservation and repair.^[1] In general, the landlord must keep the dwelling in usable condition, unless the contract specifically assigns other obligations.

• Urgent repairs affecting health or safety (e.g., leaks, water cuts).
• Failures of basic installations (heating, pipes, sanitation) that prevent normal use.
• Minor wear-and-tear repairs that, according to the contract, may correspond to the tenant.

Deadlines and notifications

Before suing, notify the landlord in writing describing the defect and requesting repair within a reasonable time. Keep a copy of the notification and the delivery receipt; these are key evidences if there is litigation.

• Send a certified letter or burofax with acknowledgment of receipt describing the problem.
• Allow a reasonable period for repair (for example 7–15 days depending on urgency).
• If there is no response, try mediation or consumer complaints before going to court.

Evidence and documentation

Gathering evidence increases your options: photos, videos, repair estimates, receipts and communications with the landlord. Keep a chronological record of calls and visits.

• Photographs or videos showing the defect and its evolution.
• Estimates or invoices from repair companies if you had to pay for an emergency.
• Copies of contracts, communications and delivery receipts.

Alternatives to a lawsuit

Consider extrajudicial means before litigating: mediation, consumer complaints or notarial demands can resolve the problem without high procedural costs.

• Request mediation or direct agreement with the landlord.
• File a complaint with consumer services or an arbitration body if competent.
• If appropriate, file a claim in the Court of First Instance (eviction or claim for amounts owed).

Frequently Asked Questions

Who pays for necessary repairs in the dwelling?

Normally the landlord must bear repairs that guarantee habitability, unless agreed otherwise or when the damage is caused by the tenant.

How long does an eviction procedure take?

Deadlines vary depending on the court and complexity; it can take from weeks to several months. Notification and pleadings can lengthen the process.^[2]

If the landlord does not respond, can I pay and deduct it from the rent?

Before deducting amounts from the rent it is advisable to obtain advice; paying and deducting without agreement can create conflict and legal risks.

How to claim step by step

1. Gather documentation: photos, contracts, estimates and communications.
2. Notify the landlord in writing (burofax or certified mail) describing the defect and requesting repair.
3. Allow a reasonable time for action and keep evidence of the lack of response.
4. Seek alternatives: mediation or consumer complaint to attempt an extrajudicial solution.
5. If there is no agreement, file a claim in the Court of First Instance with all documentation.

Key takeaways

• Always document the defect with dated photos and communications.
• Act within reasonable deadlines and notify in writing before litigating.
• Consider mediation and administrative complaints before going to court.

Help and Support / Resources

• Texto consolidado of the Urban Leases Act (BOE)
• Information on judicial procedures and evictions - Ministry of Justice
• Guides and services of the Judiciary

1. [1] BOE: Consolidated text of the Urban Leases Act (Ley 29/1994)
2. [2] Ministry of Justice: Information on civil procedures and evictions
3. [3] Judiciary: Information and resources for citizens