Who Pays for Repairs: Tenant Rights in Spain
As a tenant in Spain, it is natural to wonder who should pay for repairs when something in the home stops working. This article clearly and practically explains the landlord's responsibilities and which duties fall to the tenant, how to prepare a burofax template to demand repairs and what documentation to gather. It also outlines deadlines, communication options and legal steps if the landlord does not act. You do not need to be an expert: you will find examples, tips to preserve evidence and how to use the provisions of the LAU and the Civil Code to defend your right to a habitable dwelling.[1]
Who pays for repairs?
Generally speaking, the landlord must cover repairs necessary to keep the dwelling habitable, unless the contract states otherwise and provided they are not damages caused by the tenant. The Civil Code and the Urban Leases Act (LAU) define these obligations and the limits of responsibility.
- Structural repairs and basic installations (heating, water, sanitation).
- Repairs that ensure the safety and healthiness of the property.
- Maintenance of common installations when applicable.
- Minor repairs due to wear and tear may be the tenant's responsibility depending on the contract.
Template burofax and what to include
A burofax is an effective way to create a reliable record of a claim. The letter should include full identification, a concrete description of the repair needed, photos or evidence, the date the problem was detected and a clear request for repair within a reasonable deadline. Adding a specific deadline helps set expectations and will facilitate subsequent actions if there is no response.
- Identification of tenant and landlord with full addresses.
- Detailed description of the fault and evidence (photos, videos).
- Concrete request: ask for repair within a specific deadline (for example, 15 days).
- State that if there is no action, other routes will be considered (discount, repair at tenant's expense with reimbursement or judicial action).
Deadlines, options and legal steps
If after the burofax the landlord does not respond or refuses to repair, the next step is to assess options: hire an urgent repair and claim its cost (when appropriate), agree on a temporary rent reduction or initiate judicial proceedings before the Court of First Instance.[2] Before litigating, gather all documentation: contract, receipts, communications and photographic evidence.
- Reasonable repair deadline: specify one in the burofax (for example, 15 days) and note the sending date.
- Keep evidence: keep receipts, estimates and communications.
- Documentation for the court: contract, sent burofax, evidence and repair cost estimate.
Frequently Asked Questions
- Can I make the repair myself and deduct it from the rent?
- Only in very specific cases and with proof; the recommended route is to notify in writing and, if necessary, claim reimbursement through the courts to avoid conflicts from unilateral deductions.
- Can the landlord refuse because it is a small repair?
- It depends on the contract and the nature of the repair; the landlord cannot shirk the obligation to maintain habitability.
- How long should I wait after sending the burofax?
- There is no single deadline, but setting a reasonable period in the burofax (for example, 15 days) is common practice before taking further measures.
How to
- Draft the burofax with your details, a description of the problem and a request for repair within a specific period.
- Attach dated photos and any available estimate or technical report.
- Send the burofax through a service that provides a reliable record and keep the sending receipt.
- If there is no response within the period, obtain an independent estimate and decide whether to claim the cost or initiate legal action.
Key points
- Document everything from the start to have solid evidence in case of dispute.
- Use the burofax to create a reliable record of the claim and the requested deadline.
Help and Support / Resources
- Ley 29/1994 de Arrendamientos Urbanos
- Ministry of Justice - Information and procedures
- Poder Judicial - Guides and services
