Tenants: who pays with payment plan in Spain

If you reach a payment-plan agreement with the landlord to avoid a trial, it is important to know which obligations fall on the tenant and which remain the landlord's responsibility in Spain. A payment plan is usually formalized in writing and should detail installments, dates and consequences for non-payment. Although the tenant assumes the arrears debt, the landlord is still obliged to keep the dwelling habitable under the LAU.^[1] Keeping records of communications, keeping receipts and requesting proof of the agreement helps if there is a dispute. This article clearly explains how to document the plan, which costs each party is responsible for, legal deadlines and steps to follow if the agreement fails or reaches the Court of First Instance.^[2]

What a payment plan means

A payment plan is an agreement where landlord and tenant agree to split an outstanding rent debt to avoid starting or continuing legal proceedings. There is no single mandatory format, but the clearer and more signed the document, the stronger the evidence it provides in case of dispute.

Essential data to include

• Specific payment dates and a clear schedule of deadlines (dates).
• Total amount and breakdown of each installment (payment).
• Reference to the original debt and signatures of both parties (document).
• Consequences for non-payment and notification method (file).

Responsibilities: who pays what

Generally, the tenant is responsible for agreed rents and charges; therefore, in case of arrears the tenant is responsible for the debt unless the landlord and tenant agree otherwise. The landlord, however, still has the duty to carry out necessary repairs to keep the dwelling habitable according to applicable law.^[1]

Common costs and allocation

• Repairs for wear or habitability: usually the landlord covers them unless otherwise agreed (repair).
• Arrears of rent: tenant responsibility unless agreed otherwise (payment).
• Minor repairs due to use: often the tenant's responsibility per contract or custom (document).

How to formalize and protect a payment plan

Always request the agreement in writing, specifying amounts, dates and signatures. Include how a default will be treated and whether there will be interest or penalties. Keep copies of transfers and any related communication.

Frequently Asked Questions

Who pays the debt if a payment plan is accepted?

Usually the tenant, since the plan documents how the arrears are satisfied; the agreement can distribute different costs if the parties agree.

Can the landlord demand repairs during the payment plan?

Yes, unless otherwise agreed, the landlord must keep the dwelling habitable, and the plan does not exempt them from that obligation.

What happens if the tenant breaches the plan?

The landlord may demand full payment, terminate the contract or start legal proceedings according to the agreement and applicable law.

How to

1. Propose a payment schedule with clear dates and deadlines (dates).
2. Formalize the agreement in writing and keep a copy of the document (document).
3. Pay the agreed installments and keep receipts as proof (payment).
4. Agree who pays repairs and maintenance costs (repair).
5. If there is non-payment, notify and prepare evidence before going to court (file).
6. Seek legal or consumer advice before signing the agreement (contact).

Key takeaways

• Always document payments and the agreement in writing.
• Meet agreed deadlines to avoid legal claims.
• Consult official services if you have doubts about your rights.

Help and resources

• Ley 29/1994, de Arrendamientos Urbanos (BOE)
• Portal del Poder Judicial
• Ministry of Justice - Procedures

1. [1] Ley 29/1994, de Arrendamientos Urbanos (BOE)
2. [2] Portal del Poder Judicial