Tenant Utilities and Charges in Spain
If you rent in Spain, it is normal to wonder whose name utilities (water, electricity, gas) should be in and who pays other charges such as community fees, the IBI or waste. This article explains clearly and practically your rights as a tenant: when the landlord must contract or pay services, which expenses can be passed on and what steps to follow if there are disagreements. It includes official links to consult the Urban Leases Act[1], advice on how to request evidence and how to make written claims, and when to go to the civil court[2]. The idea is that you leave with concrete steps to protect your rights and reduce surprises in bills.
Who should set up utilities?
Utilities are usually in the name of the person who contracts them. In short- or long-term rentals it is common for the lease to state whether the tenant must change the name or pay the consumption. If there is no explicit agreement, common practice is that the user pays consumption, but local taxes and charges such as IBI correspond to the owner.
Utilities (water, electricity, gas)
- The tenant usually pays consumption if the contract is in their name or they have expressly accepted it.
- Changing the account holder requires the holder's details (NIF) and may involve costs or deposits depending on the provider.
- If the landlord must provide utilities, that obligation should be in writing in the contract.
Community fees, IBI and waste
- Community fees normally correspond to the owner, unless the contract states otherwise.
- The IBI is a municipal tax paid by the owner, not the tenant.
- The waste fee can be passed on to the tenant only if the contract provides and municipal rules allow it.
FAQ
- Can the landlord require that I put the utilities in my name?
- Yes, they can request it, but the requirement must be in writing and does not exempt the landlord from the duty to keep the dwelling habitable.
- Who pays for a major structural repair?
- Repairs necessary to maintain habitability are usually the landlord's responsibility, except for small maintenance agreed to the tenant.
- What should I do if I am charged an expense that is not mine?
- Claim in writing, keep evidence (invoices, photos, messages) and, if there is no response, go to the Court of First Instance to file a claim.
How to claim
- Review the contract and collect invoices, receipts and any communications.
- Send a written notification or form to the landlord requesting correction and ask for acknowledgement of receipt.
- Keep photographs, receipts and messages as evidence to support your claim.
- If there is no solution, file a claim at the competent Court of First Instance to recover amounts wrongly charged.[2]
Key takeaways
- Always check how expenses are allocated in the lease before signing.
- Document all communications and keep receipts.
- Prefer written claims and keep acknowledgements.
