Utilities and Charges: Who Pays for Tenants in Spain

Who should put utilities in their name?

The general rule is contractual: what your rental contract states prevails, provided it does not conflict with the law. If the contract obliges the tenant to arrange services and pay them, the tenant must do so; otherwise, the obligation may fall to the owner. When the issue affects habitability or essential services, the law may impose responsibilities on the owner even if the contract says otherwise.^[1]

• Water: often paid by the consumer, unless otherwise agreed.
• Electricity: generally contracted and paid by the occupant if specified in the contract.
• Gas: depends on the supply (piped or bottles) and the agreement between parties.
• Waste: usually a municipal tax that can be passed on according to contract or local rules.
• Community fees: usually belong to the owner unless the contract states otherwise.
• Property tax (IBI) and other municipal taxes: belong to the owner, not the tenant.

How to claim if you are wrongly charged

Before any formal action, speak with the owner and request clarification in writing. If there is no agreement, gather evidence: contract, bills, receipts and communications. Send a written claim requesting refund or adjustment and keep proof of delivery. If the owner does not respond or refuses refund, consider a civil lawsuit in the Court of First Instance or a prior claim as applicable.

• Gather contract, bills and payment receipts.
• Send a formal written claim to the owner requesting correction or refund.
• Seek advice at consumer offices or local mediation services if appropriate.
• If no agreement, file a claim in the Court of First Instance.

Deadlines and evidence

Act quickly: there are procedural and limitation deadlines that can bar your action. For wrongful charges related to utilities it is key to prove the date of bills, payments and communication with the owner. If it goes to court, the Court will assess documentation and witnesses. For eviction-related procedures or other tenancy matters you should know the Civil Procedure rules and eviction regulations.^[2]

Frequently Asked Questions

Can the landlord force me to put utilities in my name?

If the contract provides for it, yes, but they cannot force you in ways that violate basic habitability rights; each case depends on the agreement and the law.

If I pay a bill that belonged to the owner, can I claim it later?

Yes: with proof of payment and communication you can request reimbursement or offset it against future payments, or sue if necessary.

Who pays community fees and the property tax?

Community fees are usually the owner's unless expressly agreed otherwise; property tax (IBI) belongs to the owner.

Where can I get free help?

From municipal consumer offices, regional housing offices or free legal services depending on your municipality and situation.

How to make a claim

1. Collect evidence: contract, bills and payment proofs.
2. Send a written complaint to the owner requesting correction or refund.
3. Ask for advice from consumer offices or local mediation services if needed.
4. File a claim in the Court of First Instance if extrajudicial attempts fail.
5. Attach all evidence and request provisional measures if applicable.
6. Enforce the judgment or arrange compensation after judicial resolution or agreement.

Key takeaways

• Always check your rental contract to identify obligations about utilities.
• Keep bills and communications: they are decisive evidence in a claim.
• If no agreement is reached, you can go to the Court of First Instance to claim.

Help and resources

• BOE - Consolidated text of the LAU
• Ministry of Justice - Information for citizens
• Poder Judicial - Information on courts

1. [1] BOE - Ley 29/1994, de Arrendamientos Urbanos (texto consolidado)
2. [2] Ministry of Justice - Civil procedures and guidance