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.


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

[Get leads, screen tenants, create leases, and collect rent — all in one place. Free for landlords]

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.


Get leads, screen tenants, create leases, and collect rent — all in one place. Free for landlords.

RELATED CONTENTS

Lisbon: 11th City for Rising Luxury House Prices

Lisbon: 11th City for Rising Luxury House Prices

Lisbon's luxury housing prices increased by 5.6%, outpacing Madrid, Seoul, and Zurich, marking it as a key...
US Housing Market Sees Highest Inventory Since 2019

US Housing Market Sees Highest Inventory Since 2019

The US housing market experiences a surge in inventory as sellers flood the market, marking the highest...
Portugal’s Rental Prices Rise 5.1% in October

Portugal’s Rental Prices Rise 5.1% in October

The prices of houses for rent in Portugal have increased by 5.1% in October, reflecting ongoing demand and...
Greece Real Estate Trends: The Rise of Property Flipping

Greece Real Estate Trends: The Rise of Property Flipping

Explore how flipping old apartments in Greece is becoming a lucrative investment strategy for rental income...
Spain Real Estate Market Soars 9.6%. Is It a Bubble?

Spain Real Estate Market Soars 9.6%. Is It a Bubble?

Spain real estate market grows 9.6% annually, surpassing 2007 peaks. Discover the trends and data behind...
Greece Real Estate Market: Residential Slowdown Ahead

Greece Real Estate Market: Residential Slowdown Ahead

Experts predict a slowdown in Greece's residential real estate market, with house price growth expected to...
Portugal Real Estate Market: Luxury Trends for 2024

Portugal Real Estate Market: Luxury Trends for 2024

Explore the 2024 trends in Portugal's luxury real estate market, a prime destination for investors and...
French Property Market: Recovery Signs Amidst Challenges

French Property Market: Recovery Signs Amidst Challenges

Discover six key insights from notaire data on the French property market's recovery post-Covid, despite...
Lisbon Apartments: Europe’s Most Affordable Rentals

Lisbon Apartments: Europe’s Most Affordable Rentals

Explore why Lisbon apartments are the cheapest in Europe, as rents rise 4.3% across the continent,...

© Foonvass. All rights reserved. All trademarks are the property of their respective owners