Tenants: documents for postponement and suspension Spain
If you are a tenant in Spain and need to request a postponement or suspension of rent payment —for example due to urgent repairs, loss of income or legal reasons— you must gather clear documents that prove your situation. This article explains, in plain language, which papers to present, how to organize evidence of damage or lack of habitability, which deadlines to consider and how to communicate the request to the landlord or the court. It also details which records to keep to defend yourself if there is a disagreement, and where to obtain official forms. With practical information and examples, you can prepare a solid petition and understand the next steps without being a legal expert.
What documents do you need?
Gathering the right documents makes it easier to obtain a postponement or suspension. Prioritize IDs, the contract, income proofs and any evidence of damage or lack of habitability.
- Rental contract (form).
- ID card (DNI/NIE) and any identity documents (document).
- Payslips, benefit certificates or bank statements proving loss of income (payment).
- Photos, estimates and repair reports (evidence).
- Prior communications with the landlord: burofax, emails or certified letters (notice).
How to submit the request
When preparing the petition, include a clear letter describing the reason for the postponement or suspension, copies of key documents and the specific proposal (alternative payment dates, percentages or duration). Send the request by a method that leaves a record, such as burofax or certified mail, and keep the receipt.
If the situation leads to a procedure, the Court of First Instance will have jurisdiction and you must provide the same documents in physical or digital form as requested.[1][2]
Repairs and habitability evidence
If the reason for the postponement is lack of habitability or needed repairs, document the damage and estimated costs, and ask the landlord to act in writing.
- Repair estimates and invoices (repair).
- Dated photos and videos showing defects (evidence).
- Communications requesting repair (notice).
If you need a technical assessment, request a professional report and add it to your file. In some cases the law recognizes that lack of habitability can justify measures such as temporary reduction or suspension of payment until the service is restored or repairs are made.[1]
What to do if there is no agreement
If the landlord does not accept the request, consider filing a civil claim or requesting interim measures at court. Before going to court, try mediation or seek advice from consumer services or local social services.
FAQ
- What documents are essential?
- Rental contract, ID (DNI/NIE), proof of income, communications with the landlord and evidence of damage or repairs.
- Should I send a burofax or is an email enough?
- Burofax provides legal proof of receipt and is usually recommended; always keep copies of emails and sending receipts.
- What happens if the landlord starts an eviction?
- Submit all documentation to the court and request provisional measures if appropriate; check official guidance and deadlines for the process.
How-To
- Gather documents: contract, ID, income proofs and evidence of damage, and order them chronologically (form).
- Draft the request: prepare a clear letter proposing postponement or suspension and attach copies (form).
- Send by trackable means: burofax or certified mail and keep the receipt (contact).
- If no agreement, file the documentation at the Court of First Instance and request measures if appropriate (evidence).
- Attend hearings or court steps with organized copies and, if possible, legal advice (court).
Help and support / Resources
- Consolidated text: Urban Lease Law
- Ministry of Justice - procedures and forms
- Poder Judicial - procedures information
