Tenants and payments in mediation and arbitration in Spain
If you are a tenant in Spain and have doubts about who should pay for repairs or maintain the dwelling after a dispute, this guide clarifies when consumer mediation or arbitration can assign responsibilities. We explain in plain language what the basic rules say, what types of damage usually fall on the landlord or the tenant, and how to act if the other party refuses to pay. It includes practical steps to collect evidence, request mediation, submit an arbitration award and, if necessary, take the case to court. The information is aimed at tenants and landlords seeking clear, affordable solutions without being legal experts.
What does consumer mediation and arbitration cover?
Mediation and consumer arbitration are out-of-court ways to resolve disputes about services and contracts related to housing. They are often used for disputes about repairs, wrongful charges or contract breaches and complement what is provided in the Urban Leases Act.[1] Mediation seeks a voluntary agreement; arbitration can end in an award that, if agreed, may be binding.
Who pays for repairs and maintenance?
The general rule distinguishes between repairs necessary for habitability and minor repairs due to use. The lease agreement and the documentation you can provide also influence responsibility.
- The landlord usually pays for structural repairs and those necessary for habitability.
- The tenant usually pays for minor repairs caused by wear and tear or damage they caused.
- Deposits and deductions are processed according to the contract and applicable legislation.
How to start mediation or arbitration
Before starting any process, notify the other party in writing and request a solution. If there is no response, you can request mediation or arbitration from the relevant consumer services and, if appropriate, submit the award when there is noncompliance; if necessary, the judicial route is the court of first instance.[2]
- Request mediation in writing from the consumer service or the arbitration body indicated in the contract.
- Gather evidence: photos, communications, receipts and repair estimates.
- If there is an arbitration award, follow its instructions; if there is no compliance, you can go to court.
Frequently Asked Questions
- Does mediation force the landlord to pay?
- Not always; mediation seeks a voluntary agreement. An arbitration award can be binding if both parties agreed to it.
- Can I demand urgent repairs from the landlord?
- Yes, if they affect habitability; notify in writing and keep evidence for mediation or a lawsuit.
- What happens if the arbitration award is not complied with?
- You can request its judicial enforcement or take the case to the court of first instance to make it effective.
How to
- Send a formal request for mediation or arbitration and keep a dated copy.
- Attach clear evidence and a repair estimate if applicable.
- If it is not resolved, file the claim at the court of first instance with the documentation.
Key takeaways
- Habitability duties generally fall on the landlord.
- Documenting damage makes mediation and court proof easier.
- Mediation can save time and costs compared to a trial.
Help and support / Resources
- Urban Leases Act (consolidated text)
- Ministry of Justice - Citizen information
- General Council of the Judiciary
