Tenants in Spain: long-term vs short-term rental

Long-term vs short-term rental: what changes

Long-term rental usually applies when the dwelling is the tenant's main residence and is regulated by the Ley de Arrendamientos Urbanos (LAU)^[1]. A seasonal contract is typically temporary, with limited duration and different rules on renewal and maintenance obligations.

Who pays what? Maintenance and repairs

The main distinction is between repairs necessary to keep the dwelling habitable and minor repairs due to ordinary wear. The LAU sets criteria on who must bear certain works depending on their nature.

Basic landlord obligations

• Repairs necessary to keep the dwelling in habitable condition.
• Structural repairs or of essential systems (water, heating, electricity when they affect habitability).
• Maintenance of common elements if the contract or the community requires it.

Common tenant responsibilities

• Minor repairs due to ordinary use (blinds, handles, minor taps) unless agreed otherwise.
• Ordinary care and conservation to avoid deterioration through negligence.
• Notify the landlord in writing of deficiencies that require repair.

How to claim a repair

If you detect a fault affecting habitability, follow a clear procedure: document, communicate in writing, allow a reasonable deadline and, if there is no response, file a formal complaint or proceed judicially. For official notifications and deadlines consult the official guides and forms^[2].

1. Document the fault with photos, videos and a dated description.
2. Send a written communication to the landlord (certified mail or burofax) detailing the repair requested and proposing a deadline.
3. Wait the reasonable deadline; note dates and responses received.
4. If they do not address it, seek advice and, if appropriate, file a claim in the Court of First Instance.

Frequently asked questions

Who pays if the boiler breaks down?

If the fault affects habitability, it usually falls to the landlord; if it is due to misuse or lack of maintenance by the tenant, it may be the tenant's responsibility.

Can I withhold rent until a fault is fixed?

It is not advisable to withhold rent without a judicial ruling; it is appropriate to notify in writing and follow legal channels to avoid arrears that could lead to eviction.

What deadline should the landlord allow to repair?

There is no single legal deadline, but it must be "quick and adequate" depending on the severity; document and request concrete deadlines in writing.

How to (step by step)

1. Gather evidence: photos, videos and records of communications.
2. Send a letter or burofax requesting the repair and setting a reasonable deadline.
3. Contact consumer services or legal advice if there is no amicable response.
4. If appropriate, file a claim in the Court of First Instance with the compiled documentation.

Key takeaways

• Habitable-condition repairs are typically the landlord's responsibility unless agreed otherwise.
• Document and communicate in writing to facilitate resolution and evidence in court.
• Do not withhold rent without advice; follow formal channels to claim repairs.

Help and support

• Consult the consolidated LAU text on BOE
• Guides and forms at the Ministry of Justice
• Information on courts and procedures

1. [1] BOE: Texto consolidado de la Ley de Arrendamientos Urbanos
2. [2] Ministerio de Justicia: Formularios y trámites