Who pays to check the MITMA index in Spain - tenants
As a tenant in Spain, it is common to wonder who bears the cost of checking the MITMA reference index before signing a contract or updating the rent. This guide explains clearly what the index is, when it is used in rental agreements, how it can influence the initial rent in pressured areas and who should pay for that procedure. It also details practical steps to request the check, keep evidence and claim if the charge is improper. We avoid technicalities and offer simple examples so you understand your rights and options, and know how to act with the landlord or the court if a dispute arises.
What is the MITMA reference index?
The index is a public reference used to compare rental prices and to guide rent setting in contracts and updates. Its use has become common as an informative and sometimes contractual criterion; however, legal effects depend on the agreement between the parties and applicable regulations, such as the Urban Leases Act.[1]
When is it checked and why does it matter?
The index is usually checked in specific situations before fixing or negotiating a rent, or to verify market comparisons in pressured areas.
- Before signing: the landlord uses the index to justify the initial rent.
- Agreed updates: the parties can reference it to review the rent.
- Market comparison: it helps the tenant assess whether the offer is reasonable.
- Reports in pressured areas: it may affect regional aid or controls.
In many cases the index is only indicative and should be complemented with other evidence.
Who should pay for the check
There is no single rule: it depends on what the contract stipulates and on the practice between the parties. If the contract provides that the landlord will assume management costs, that cost usually falls on them; if the tenant requests the check for their information, normally the requester pays.
Common situations
- Landlord sets the rent and orders the check: cost borne by the landlord.
- Tenant requests verification to negotiate: cost borne by the tenant unless agreed otherwise.
- Contract specifies who pays: follow the written agreement.
Always keep receipts and written communications.
How to claim if you are charged improperly
If you believe you were charged for a check you should not have paid, follow these steps to gather evidence and make a claim:
- Request the payment receipt and invoice in writing.
- Keep a copy of the contract, messages and any proof.
- Send a formal demand to the landlord requesting refund if applicable.
- If there is no solution, consider claiming before the Court of First Instance or seeking legal advice.
Respond within deadlines and to notifications to avoid losing procedural rights.
Frequently Asked Questions
- Can the landlord force me to pay for the check?
- Only if it was agreed in the contract or if applicable law allows it; otherwise the general rule is that the requester pays for the service.[1]
- What deadline do I have to claim an improper charge?
- It depends on the type of action; for civil claims the Civil Procedure Act and the procedural deadlines of the Court of First Instance usually apply, so act without delay.[2]
- What evidence should I keep?
- Contract, invoices, payment receipts, emails and messages showing who assumes costs, and any report that links the index to the rent.
How-To
- Ask the landlord for the copy of the report or payment receipt.
- Gather receipts, the contract and communications that prove the payment or agreement.
- Send a written claim requesting refund or clarification.
- If there is no response, seek legal guidance and consider judicial action before the Court of First Instance.
Help and Support / Resources
- [1] BOE - Consolidated text of the Urban Leases Act
- [2] Ministry of Justice - Civil procedures
- [3] General Council of the Judiciary - Judicial information
