Who Pays for Repairs: Tenants in Spain
If you are a tenant in Spain and you have noticed that your contract or the amounts applied exceed the agreed index, it is normal to wonder who must assume the costs of correcting it. This article explains, in clear language, which responsibilities usually fall to the landlord and which to the tenant regarding repairs, clause adjustments and discrepancies with the update index. It includes practical steps to document the problem, communicate it correctly, claim in writing and what evidence to gather before going to court or official services. We also point out relevant deadlines and links to BOE[1] and justice[2] sources so you know where to check the applicable rules.
Who pays what?
Under the Urban Leases Act (LAU), the landlord is generally required to carry out the repairs necessary to keep the dwelling habitable, while the tenant is responsible for damage caused by use or negligence. If the contract includes index update clauses, it is advisable to check that the application respects the regulations and the agreed terms.
- Repairs necessary for habitability are usually the landlord's responsibility.
- Minor repairs and ordinary maintenance may fall to the tenant depending on the contract.
- Costs to correct calculation errors should be itemized and justified.
Practical steps to claim
If you detect an index overcharge or a pending repair, follow these steps:
- Document the problem with photos, dates and communications.
- Notify the landlord in writing requesting correction and a deadline.
- Keep receipts and proof of payment to evidence amounts paid.
- If there is no response, seek advice and consider filing a claim in the Court of First Instance.
Frequently asked questions
- Who should pay for an urgent repair in the rented dwelling?
- As a rule, repairs necessary to maintain habitability correspond to the landlord, unless otherwise agreed or the damage is the tenant's fault.
- What steps should I take if the contract applies an index that does not match what was agreed?
- Notify in writing, request correction, keep evidence, and if there is no solution, go to the Court of First Instance or request mediation.
- Can I deduct the cost of a repair from the rent if the landlord does not fix it?
- It is not advisable to deduct without agreement; the safe route is to claim judicially or agree a written compensation.
How to
- Gather evidence: photos, messages, invoices and dates of the problem.
- Send written notice to the landlord requesting correction and a specific deadline.
- Wait the reasonable period and keep acknowledgements of receipt as proof.
- Contact consumer services or legal advice to evaluate available options.
- If appropriate, file a claim in the Court of First Instance with all documentation.
Key takeaways
- The landlord usually answers for repairs necessary for habitability.
- Document and communicate in writing before taking legal action.
