Who pays utilities and fees for tenants in Spain
As a tenant in Spain, understanding who must pay the community fees, the IBI, garbage collection and utilities (water, electricity, gas) prevents conflicts and unexpected expenses. This guide clearly explains which costs usually fall to the landlord or the tenant, how to review the lease, what evidence to gather and how to request help in your autonomous community. It includes practical steps to claim invoices, how to use official forms and when to go to the Court of First Instance. If you are not a legal expert, here you will find plain language, examples and official resources to make informed decisions and protect your rights as a tenant. Follow these steps to act with confidence.
Who pays what?
The general rule depends on the lease and the Urban Leases Act; when the lease does not specify, many expenses such as IBI and certain municipal taxes fall on the owner, while consumptions such as water, electricity and gas are usually paid by the consumer unless the lease states otherwise.[1]
Community fees and IBI
Ordinary community expenses (cleaning, maintenance of common areas) are normally the landlord's responsibility unless agreed otherwise; the IBI is a municipal tax that legally lies with the owner, although contracts may provide for compensation.
Garbage and utilities
Garbage rates may be charged depending on the municipality and the lease. Utilities (water, electricity, gas) are normally paid by the consumer or the contract holder; check bills and supply contracts to confirm the holder.
Documents and evidence to keep
- Rent and utility payment receipts.
- Lease agreement and annexes.
- Written communications with the landlord or the community.
- Photos or videos documenting repairs or damage.
How to get help in your autonomous community
If you have doubts, first consult the consumer office of your autonomous community or municipal legal services; for complex matters you can request free advice at consumer offices or contact the Bar Association's legal guidance services. If there is a possible eviction or serious breach, the procedure is processed before the Court of First Instance.[2]
Steps to claim an undue charge
- Check the lease to see who is obliged to pay the tax or service.
- Gather invoices, receipts and communications that prove the payment or obligation.
- Contact the landlord or community in writing requesting correction or refund.
- If there is no response, file a formal claim or lawsuit in the Court of First Instance.
Frequently Asked Questions
- Can the landlord charge the IBI to the tenant?
- It is not common: the IBI is a tax of the property owner, unless there is a clear agreement in the lease that transfers it to the tenant.
- Who pays urgent repairs inside the dwelling?
- Repairs necessary to maintain habitability are usually the landlord's responsibility, unless the damage results from negligent use by the tenant.
- What deadline do I have to claim an incorrectly charged bill?
- It is advisable to claim in writing as soon as you detect the charge; if there is no solution, check limitation periods and act before the consumer office or the court as appropriate.
How to
- Read and underline the clauses of the lease related to expenses and utilities.
- Collect receipts, photos and communications in an organized file.
- Send a formal written claim to the landlord and keep proof of receipt.
- If it is not resolved, file the claim with the consumer office and, if applicable, sue in the Court of First Instance.
Key takeaways
- Always check the lease before agreeing to additional payments.
- Keep all invoices and communications as evidence.
- Seek help from your autonomous community consumer office if disputed.
