Who Pays When Calculating Maximum Price by Index in Spain
If you are a tenant in Spain and worry about who must bear increases or repairs when calculating the maximum price by index, this guide explains your rights and practical steps. We review how the Urban Leases Act and contractual agreements regulate index updates, which costs can be passed to the tenant, and when the landlord is responsible for maintenance and repairs. We also describe useful documentation, deadlines to claim and how to present evidence to the landlord or a court if necessary. Read carefully to know when to accept a revision, when to negotiate and what to do if you believe the increase or charge is improper.
Who pays what when using an index?
Index rent updates depend on the contract and what the Urban Leases Act allows.[1] In general, the index only sets the update percentage; who bears each cost (repairs, maintenance, taxes) is determined by the law and by what the parties agreed.
- Structural repairs that guarantee habitability: typically the landlord's responsibility.
- Maintenance and minor repairs from use: often the tenant's responsibility unless agreed otherwise.
- Index-based rent updates: the agreed or legally provided percentage is applied.
- Extraordinary costs not agreed and penalties for breach: usually the responsibility of the party causing the cost.
If you disagree with an update or a charge, document and claim in writing before paying; keep receipts, communications and photos. If the dispute continues, you may seek judicial remedies or mediation as appropriate.[2]
How to prove a charge is improper
Gathering evidence and monitoring deadlines is key. Document the origin of the cost, who performed it, invoices and prior communications. Send a formal request to the landlord indicating the discrepancy and proposing a solution.
- Photos and videos of the problem with dates.
- Estimates and invoices showing who paid or should have paid.
- Written communication sent to the landlord requesting clarification or refund.
Frequently asked questions
- Can the landlord update the rent automatically according to an index?
- Only if the contract allows it or the law provides for it; automatic application requires the index and formula to be agreed.
- Who pays repairs when there is wear and tear from use?
- Normally minor repairs for everyday use fall to the tenant, while major or structural repairs are the landlord's responsibility.
- What deadline do I have to claim an improper charge?
- It depends on the type of claim and the applicable statute of limitations; claim in writing as soon as possible and seek advice if the issue continues.
How to
- Review your contract and locate the index update clause.
- Gather evidence: photos, invoices and related communications.
- Send a formal written claim to the landlord indicating what you consider improper and proposing a solution.
- If there is no agreement, consider going to the Legal Guidance Service or filing a claim in the Court of First Instance.
Key takeaways
- Not all index-based increases are automatic or legal without prior agreement.
- The landlord usually pays structural repairs; the tenant pays minor wear-and-tear repairs.
- Documenting and claiming in writing increases chances of success.
Help and resources
- Urban Leases Act (LAU) - BOE
- Poder Judicial - Information and procedures
- Ministry of Justice - Resources and services
