Tenants in Spain: who pays for evidence

As a tenant in Spain, you may need to present evidence such as photographs, expert reports or a burofax to claim repairs, prove defects or respond to a landlord's request. This guide explains who usually pays for each type of evidence, the formal requirements under the Urban Leases Act and the Civil Code, and how to gather documentation that is reliable and admissible in civil court. You will find practical steps to request expert reports, preserve photos with metadata, send burofax with acknowledgement of receipt, and avoid unnecessary costs. If in doubt, preserve everything and seek guidance from tenant defense services or the courts.

What evidence can a tenant use?

The most common evidence in rental disputes varies; it is useful to know what each item contributes and how to document it.

• Photographs with date and description showing the damage or defect.
• Technical expert reports describing causes and repair costs.
• Burofax with acknowledgement of receipt or certification as proof of notification.
• Messages, emails and receipts that prove communications and payments.

Who pays for each evidence?

Generally, the tenant usually bears the cost of simple evidence such as photos and sending a burofax; the technical expert report is normally commissioned and paid by whoever requests it, although the judge may order allocation of costs depending on the outcome of the process ^[1].

Photographs

Photographs taken by the tenant provide immediate context and are usually free, except for storage or certification services. Keep originals and note date and place in an accompanying document.

Expert reports

An expert report has a cost and provides a professional assessment. If you commission the expert, you will initially pay, but in a trial the judge may order reimbursement if it deems the evidence necessary. Before hiring, request a written estimate and ensure the report includes signature and technical reference.

• Request a written estimate from the expert.
• Ensure the report includes date and professional signature.
• Keep invoice and proof of payment.

Burofax

The burofax certifies sending and date; the sender bears the cost, but it can be claimed back if proven necessary to defend a right. Use burofax with acknowledgement and keep the receipt to present as evidence.

Deadlines and procedures

If the dispute goes to court, deadlines and filing methods are regulated by the Civil Procedure Law and civil procedures before the Court of First Instance; consult the consolidated regulations for specific deadlines and forms ^[2][3].

Frequently Asked Questions

Can I claim the cost of an expert report?

It depends: if the judge considers it necessary or the contract provides for it, reimbursement may be ordered; provide invoices and the professional report.

Are mobile phone photos valid?

Yes, if originals, metadata and context are preserved and you explain how and when they were taken.

Does a burofax have value?

Yes, a burofax with acknowledgement certifies the date and sending and is usually valid proof of notification.

How to

1. Gather photos and documents organized with dates and descriptions.
2. Send a burofax with acknowledgement and keep the original receipt.
3. Request a technical expert report if the damage requires specialized assessment and keep the report.
4. Submit the evidence in the judicial or administrative claim and keep copies.

Key takeaways

• Keep organized original documentation for any claim.
• The initial cost is paid by who orders the evidence, but it may be reclaimed in court.
• Consult official resources or tenant defense services before starting procedures.

Help and resources

• BOE - Consolidated text of Law 29/1994 on Urban Leases
• Ministry of Justice - Information and judicial procedures
• Poder Judicial - Information about courts

1. [1] BOE - Consolidated text of Law 29/1994 on Urban Leases
2. [2] BOE - Civil Procedure Law and applicable regulations
3. [3] Poder Judicial - Information about Courts of First Instance