Who Pays and How to Calculate Maximum Rent in Spain
As a tenant in Spain, it is important to know who must pay for repairs and how to calculate the maximum rent a landlord can charge you. This guide clarifies, in plain language, the obligations of each party under the Law on Urban Leases[1], which expenses are the landlord's responsibility and which fall to you, and how to assess rent increases or abusive clauses. I also explain practical steps to make a claim, document habitability issues and take a case to court if necessary. My goal is for you to make informed decisions and protect your rights without needing a lawyer from the first moment. Here you will find clear resources and steps.
Who pays for repairs?
Generally, the law distinguishes between repairs necessary for habitability and ordinary maintenance. Understanding this distinction helps you avoid unexpected payments and demand responsibilities when appropriate.
- The landlord usually pays for structural repairs and those essential for habitability.
- The tenant is responsible for minor maintenance and damage caused by misuse.
- Check the contract for specific clauses and record any agreements in writing.
How to calculate the maximum rent
There is no single "maximum rent" applicable to all contracts: the initial rent and the agreed updates in the contract determine what you can be required to pay. The Law on Urban Leases regulates general limits and obligations between landlord and tenant[1], but the exact formula is usually specified in the contract itself.
- The initial rent and increases agreed in the contract apply unless the law prohibits them.
- Updates usually refer to CPI or another agreed index and must be detailed in the contract.
- If in doubt, ask the landlord for the update formula in writing.
Deadlines and how to make a claim
If you detect habitability issues or pending repairs, follow a clear process: document, notify and allow reasonable time before taking legal steps. For civil claims of non-compliance, proceedings are typically initiated in the competent Court of First Instance[2].
- Document the problem with photos, videos and dates (evidence).
- Notify the landlord in writing and keep a copy (notice).
- Allow reasonable time for the landlord to carry out the repair (days).
- If there is no response, check how to file a claim in the competent court (court).
- Keep receipts and evidence until the case is resolved.
Frequently asked questions
- Who pays for structural repairs?
- The landlord must carry out works that affect structure and habitability, unless a legally valid agreement states otherwise.
- Can I make a repair and deduct it from the rent?
- Only in very specific cases and with documentation; it is best to agree it in writing and, if appropriate, seek legal assistance.
- How is the rent updated?
- Updates depend on the contract; if CPI or an index is mentioned, the increase is applied according to the agreed formula.
How to
- Document the problem with photos and dates.
- Send a written notice to the landlord and keep a copy.
- Allow a reasonable period for the repair.
- If there is no response, take the claim to the competent Court of First Instance[2].
- Keep all evidence and receipts until the resolution.
