Who Pays for Repairs and Mediation for Tenants in Spain
As a tenant in Spain, understanding who must pay for repairs and when mediation is advisable can prevent conflict and unnecessary costs. This guide explains in plain language the basic obligations of landlords and tenants under the Urban Leases Act, when tenants are responsible for small repairs and when it is preferable to try mediation before going to court. You will find practical steps to document damage, request repairs in writing and assert your rights if the dwelling does not meet habitability standards. We also cover deadlines, evidence and official resources so you can make informed decisions without being a lawyer. It includes tips to prepare claims, when to demand urgent repairs and how to find official services on boe.es and at the courts.
Landlord and tenant obligations
The Urban Leases Act sets basic duties: the landlord must keep the dwelling habitable and carry out necessary repairs, while the tenant must take care of minor maintenance. Check the law for specific cases.[1]
In most cases, the landlord is responsible for habitability.
Minor repairs and upkeep
Minor repairs due to normal wear and tear are usually the tenant's responsibility, but you should always document them and notify the landlord in writing.
- Minor everyday repairs (locks, taps, light bulbs).
- Document damage with photos and dates.
- Request repairs in writing and keep a copy.
Always keep receipts and written communications.
Structural or costly repairs
Repairs needed to ensure habitability, such as serious damp, electrical faults or lack of heating, are usually the landlord's responsibility under the Urban Leases Act.[1]
- Works necessary to guarantee habitability: serious damp, heating, electricity.
- Notify the landlord and allow a reasonable time for repair.
- If there is no response, consider mediation or going to court.
Frequently asked questions
- When does the tenant pay for a repair?
- The tenant pays for minor repairs due to use; the landlord covers damage affecting habitability. Check the Urban Leases Act.[1]
- Is mediation advisable before filing a claim?
- Yes, mediation can save time and costs and is useful when the issue concerns negotiation over repairs or deadlines.
- What deadline applies to bring a claim to court?
- It depends on the case; act within reasonable timeframes and collect evidence to present if needed.
How to
- Gather evidence: photos, quotes and communications.
- Send a written request to the landlord describing the problem and a deadline.[2]
- If there is no reply, request mediation and record the request.
- If mediation fails, file a claim at the Court of First Instance.
Documenting every step helps mediation and court evidence.
Key takeaways
- The landlord is usually responsible for habitability and major repairs.
- Documenting damage and communications protects your rights as a tenant.
- Mediation is a practical route before going to court.
