Tenant Rights in Spain: Agreements & Enforcement
As a tenant in Spain, it is common to have doubts about who must pay for repairs, how agreements are enforced and what legal remedies exist if obligations are not met. This guide explains clearly and practically what conservation and repair agreements cover, when the landlord or tenant must assume costs, and the steps to claim if your home does not meet habitability standards or if the landlord fails to comply. It includes deadlines, useful evidence and options before the civil courts, with references to the LAU[1] and the eviction procedure[2] so you know where to find the applicable rules.
What a conservation and repair agreement covers
In Spain, conservation agreements determine which works are necessary to keep the dwelling habitable and who must assume them. Generally, the landlord is responsible for repairs necessary to keep the dwelling habitable, unless the damage was caused by the tenant.
- Works necessary for habitability (heating, water, electricity) normally fall to the landlord.
- Minor repairs due to ordinary wear can be agreed as the tenant's responsibility under the contract.
- Damage caused by tenant negligence is usually the tenant's responsibility and requires proof by the landlord.
Documentation and evidence
Keep a record of incidents: written communications, dated photos, invoices and estimates. This documentation is essential if you need to make a claim or go to court.
How to claim and deadlines
If the landlord does not attend to an essential repair, first notify them in writing and give a reasonable period to fix the situation. If they do not act, you can request measures in a Court of First Instance or initiate an enforcement procedure as appropriate.
- Notify the problem in writing and keep a copy of the communication.
- Set a reasonable deadline for the repair (usually days or weeks depending on urgency).
- Attach photos, estimates and receipts as evidence of the defect and its impact.
Frequently Asked Questions
- Who pays for urgent repairs in the dwelling?
- Urgent repairs necessary to preserve habitability are usually the landlord's responsibility, unless the contract states otherwise or the damage is due to tenant negligence.
- What should I do if the landlord does not repair and the dwelling is uninhabitable?
- Notify in writing, collect evidence and, if there is no response, you can go to the Court of First Instance to request measures or start the corresponding claim.
- How long do I have to make a claim?
- Deadlines depend on the type of claim; act quickly after notifying the landlord and seek advice if you are unsure about the procedure.
How-To
- Gather evidence: photos, videos, communications and receipts.
- Notify the landlord in writing and request the repair within a specific deadline.
- If there is no response, remember deadlines and repeat the request before going to formal instances.
- File the claim at the Court of First Instance if necessary and request provisional measures if there is a risk to habitability.
- Seek advice from public services or consumer organizations if you need support to submit the claim.
Key takeaways
- Always document incidents with dated evidence.
- Act within deadlines and reply to official notifications.
- Use official resources and seek help if you cannot resolve the issue.
Help and Support / Resources
- Consult the consolidated LAU text at BOE
- Ministry of Justice - information on civil procedures and evictions
- Guides and forms at the Judicial Power website
