Valid Evidence for Tenants in Spain
As a tenant or lessee in Spain you should know which types of evidence courts and administrations accept when there are conservation or repair issues. This text explains, in plain language, how to take and organize photos, when to request a technical expert report and why sending a burofax can be key to proving communications. You will find practical steps to document defects, keep receipts and note relevant deadlines, plus advice on when to go to a court of first instance or seek legal counsel. The information includes useful legal references for leases and evictions to help you defend your rights without unnecessary jargon.
Valid evidence
There is no single required proof: judges evaluate the combination of evidence. Common sources are photos, videos, expert reports, burofax communications and payment receipts. For rules and LAU concepts consult the consolidated text at BOE BOE[1].
- Photos (photo) with date, location and detail of the defect.
- Videos (video) that show the malfunction or defect in real time.
- Technical expert report signed by an accredited professional.
- Burofax (mail) with acknowledgment of receipt notifying the issue.
- Emails and messages that record communication with the landlord.
- Receipts, invoices or estimates proving expenses or related payments.
How to obtain an expert report and send a burofax
An expert report provides a technical diagnosis and estimate; hire an independent expert and request signature and stamp. The burofax serves to record the sending and content: send it with acknowledgment and keep the copy. In many cases these proofs are enough to demand repair without litigation, but if there is disagreement they can be decisive in court. For civil procedures on eviction and deadlines, the Civil Procedure Act regulates the steps and terms[3].
Practical evidence and evidence preservation
Take high-resolution photos with a phone, note date and place, and save files with descriptive names. Send communications by burofax and email to have proof. If there is risk of further damage, request access for a professional to prevent worsening; document every intervention with photos and invoices. In case of non-payment or habitability worsening, keep receipts and communications to prove breaches.
Frequently Asked Questions
- Do mobile phone photos count as evidence?
- Yes, provided they clearly show the damage, the date and the place; add metadata or take a photo next to a dated document to strengthen the evidence.
- Do I need an expert for all claims?
- Not always; for minor damages photos and estimates suffice, but an expert report is recommended when there is technical disagreement or significant amounts.
- What effect does sending a burofax have?
- The burofax provides formal proof of content and receipt, which helps to prove that the landlord was informed and had the opportunity to repair.
How to
- Take photos (photo) and videos (video) from different angles and preserve the original files.
- Record all communications in writing and keep copies of emails and messages.
- Send a burofax (mail) detailing the claim and request acknowledgment of receipt.
- Request a technical expert report if the repair is complex or there is disagreement about the cause.
- If there is no agreement, gather the evidence and file a claim at the competent Court of First Instance.
Key takeaways
- Document everything with photos, videos and written records to build a complete file.
- The burofax is useful to create formal proof of the claim.
- An expert report provides technical valuation that can be decisive in court.
Help and Support
- BOE - Consolidated text Law 29/1994 (LAU)
- Ministry of Justice - Procedures and guidance
- Poder Judicial - Court information
