Who Pays for Repairs: Tenants in Spain
As a tenant in Spain, it is common to wonder who covers the costs of maintenance and repairs and when to contact tenant associations. This guide explains, in clear language, the differences between urgent repairs and minor fixes, what obligations the landlord has under the LAU and the Civil Code, and what steps a tenant can take to claim or seek support. It includes practical tips for documenting problems, when to notify in writing and how to file claims administratively or in court if necessary.
Who is responsible for repairs?
The basic rule distinguishes maintenance and hidden defects on one hand and small repairs on the other. Generally, the landlord must keep the dwelling habitable and pay repairs necessary for that; the tenant usually assumes small repairs from ordinary use. For legal references consult the consolidated text of the LAU.[1]
Urgent repairs and safety
If there is a health or safety risk —e.g., a burst pipe, no hot water or an electrical failure— act quickly and notify the landlord in writing. If there is no response, document the problem with photos, date and communications and contact tenant associations or municipal services.
When the landlord pays
- Structural and habitability repairs (repair): for example, an electrical system that endangers tenants.
- Serious leaks or plumbing failures (plumbing): burst pipes that prevent water use.
- Heating or hot water problems (heating): when they affect basic use of the home.
- Hidden defects found after signing the contract (repair): defects that existed before and compromise habitability.
When the tenant pays
- Small repairs from ordinary wear and tear (rent): changing light bulbs, outlet covers or small seals.
- Damage caused by the tenant or visitors (deposit): breakages due to misuse that are not wear and tear.
Frequently Asked Questions
- Can I contact a tenant association for advice?
- Yes. Tenant associations offer guidance and can help mediate or advise on administrative and judicial steps; always keep documentation and communications.
- What do I do if the landlord does not fix an urgent problem?
- Notify in writing, document with photos and deadlines, request intervention by registered mail and, if there is no response, consider filing a complaint or requesting precautionary measures in the Court of First Instance.
- Who pays if the defect appears after I move in?
- If it is a hidden defect prior to moving in, responsibility is usually the landlord's; prove the defect's existence and notify immediately.
How to do it
- Document the issue with photos and dates and keep receipts and messages (file): this is key for any claim.
- Notify the landlord in writing requesting repair and a reasonable deadline (file): use registered mail if appropriate.
- If there is no response, seek advice from a tenant association or the municipal consumer service and consider claiming in the Court of First Instance.
- If you authorize and pay for the repair, keep invoices to claim the amount if applicable.
Key takeaways
- Always document problems and communications with photos and dates.
- Repairs that affect habitability are usually the landlord's responsibility.
- Contact tenant associations or municipal services if the landlord does not act.
Help and support / Resources
- [1] BOE - Consolidated text of the Law on Urban Leases
- [2] Ministry of Justice - Procedures and forms
- [3] Judicial Branch - Information on civil proceedings
