Renting in Spain: Tenant or Landlord - Who Pays for Repairs?

Discover the legal responsibilities for repairs in rental properties in Spain. Find out if it's the tenant or landlord who foots the bill.

Property maintenance can be a contentious issue between tenants and landlords, especially when it comes to wear and tear. In Spain, the question of who is responsible for the upkeep of a rental property can lead to disagreements and even legal disputes. According to Article 21.4 of Spain's Urban Leasing Law, minor repairs due to wear and tear from ordinary use are the responsibility of the tenant. However, the lack of a clear definition of wear and tear can lead to differing interpretations of the law.

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In general, landlords are responsible for standard maintenance repairs to keep the property habitable, such as repairs to the floor, walls, and ceilings. On the other hand, tenants are responsible for maintaining and replacing electricity and water installations, as well as superficial wear and tear like small holes in walls. The specifics of each living arrangement depend on the contract between the tenant and landlord.

When it comes to determining what constitutes wear and tear, factors such as occupancy time, repair costs, and the area of the house affected are taken into consideration. If repair work is necessary to maintain the habitability of the property, the tenant is required to accept the repairs, even if they are inconvenient. However, if the repairs last more than 20 days, the landlord may be required to reduce the rent proportionally.

While Spanish law provides some guidance on the division of responsibilities between tenants and landlords when it comes to wear and tear, the lack of specific definitions can lead to confusion and disputes. It is important for both parties to communicate clearly and refer to their rental agreement to determine who is responsible for what.

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