Home Repairs and Renovations in Spain: Landlord vs Tenant Rights

🇪🇸 Read the original in Spanish

The rental market in Spain constantly generates doubts and friction between landlords and tenants, with building works and home repairs being the primary source of conflict in the courts. Who is responsible for paying to replace a broken boiler? Can the landlord increase the rent after painting the building's facade? Does the tenant have the right to renovate the kitchen on their own? To avoid misunderstandings that end in costly litigation, it is essential to know the rights and obligations established by Spanish legislation in detail. In this article, we will analyse the legal framework of works in rented properties in depth, providing clarity, deadlines, and practical guidelines so that both parties can act with complete legal certainty.

The legal framework: Who is responsible for what according to the LAU and the Civil Code?

Contractual coexistence in a residential tenancy is primarily regulated by the Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (LAU) (Urban Leasing Act) and, supplementarily, by the Código Civil (Civil Code). The law distinguishes very clearly between three types of actions: conservation works (maintenance of habitability), improvement works (which increase the value or comfort of the property), and minor repairs resulting from daily wear and tear.

1. Conservation works (Article 21 of the LAU)

The general and mandatory rule is that the landlord (owner) is obliged to carry out, without any right to raise the rent for it, all repairs necessary to conserve the dwelling in habitable conditions to serve its agreed use.

• What does this include? Repairing or replacing the boiler, fixing pipes and downspouts, resolving structural dampness, and repairing the electrical system or the roof.
• Exceptions: The owner will not have to pay for these repairs in two scenarios:
• When the deterioration is attributable to the tenant (due to negligence, misuse, or willful misconduct), in accordance with the provisions of Articles 1563 and 1564 of the Civil Code.
• In the event of the destruction of the dwelling for reasons not attributable to the landlord (for example, an accidental fire or an earthquake that leads to the building being declared a ruin), which would terminate the contract.

2. Minor repairs (Article 21.4 of the LAU)

The law shifts the responsibility for minor wear and tear to the tenant. Minor repairs required due to wear and tear from the ordinary use of the dwelling shall be borne by the tenant.

• What is considered a "minor repair"? Although the LAU does not define an exact amount, the jurisprudence of the Audiencias Provinciales (Provincial Courts) usually applies a double criterion: the economic cost (generally repairs under 150 € or 200 €) and the type of element (changing a lightbulb, repairing a blind strap, replacing a doorknob, or fixing a dripping tap).

3. Improvement works (Article 22 of the LAU)

Improvement works are those that are not strictly necessary for habitability but provide a benefit or increase the value of the property (for example, installing air conditioning, replacing windows with more energy-efficient ones, or installing an elevator in the community).

• The tenant is obliged to tolerate improvement works whose execution cannot reasonably be deferred until the termination of the lease.
• The owner must notify the tenant of these works in writing at least three months in advance.
• The tenant has the right to terminate the contract within one month of the notification if the works significantly affect the dwelling. If they decide to stay, they will be entitled to a rent reduction proportional to the part of the dwelling they are deprived of, as well as compensation for the expenses that the works cause them.

Practical step-by-step procedures

When the need for work or repairs arises, improvisation is the prelude to conflict. These are the legal and practical steps that both parties must follow:

Step 1: Detection and immediate communication

The moment the tenant detects a breakdown or need for repair (for example, a leak in the bathroom), they must communicate it to the landlord as quickly as possible. Article 21.3 of the LAU establishes this obligation to prevent the damage from worsening.

• How to do it: Always through a medium that leaves a written record and proof of receipt (such as a burofax (certified recorded delivery letter), email with read receipt, or messaging applications if explicitly agreed upon in the contract).

Step 2: Facilitating access for verification

The tenant is obliged to allow the landlord, technicians, or operators designated by the landlord to enter the property to verify the damage and proceed with its repair.

Step 3: Execution of the work and waiting periods

If the conservation work is urgent and cannot wait until the end of the contract:

• If the work lasts more than 20 days, the landlord must reduce the tenant's rent proportionally to the part of the dwelling they are deprived of (Article 21.2 of the LAU).
• If the work is extremely urgent (for example, a burst main pipe flooding the home), the tenant may carry it out themselves to avoid imminent damage, after notifying the landlord, and immediately demand full reimbursement of the cost.

Step 4: Settlement of invoices and compensation

Once the intervention is complete, the corresponding invoices must be settled. If the tenant paid for an urgent repair that was the landlord's responsibility, the landlord must pay the amount immediately upon receiving the itemised invoice.

Deadlines, amounts, and key figures in Spanish legislation

To avoid misunderstandings, it is crucial to memorise and apply the following figures and deadlines determined by the LAU and judicial practice in Spain:

• 3 months: The minimum notice period the landlord must give the tenant before carrying out non-urgent improvement works (Article 22.1 LAU).
• 1 month: The period the tenant has to terminate the contract without penalty if they do not wish to tolerate the improvement works notified by the landlord.
• 20 days: The time threshold after which the tenant is entitled to a proportional rent reduction if conservation works are carried out in the dwelling (Article 21.2 LAU).
• 150 € - 200 €: The standard economic limit set by Spanish case law to define a "minor repair" to be paid for by the tenant.
• 5 years (or 7 years if the landlord is a legal entity): The minimum duration of the contract during which the landlord, as a general rule, cannot raise the rent for improvement works, unless expressly agreed in the contract and subject to the limits of Article 19 of the LAU (which allows a maximum increase of 20% of the current rent after applying an amortisation formula).

Practical and real-life cost application examples

To understand how these rules apply on a day-to-day basis, let's look at two common scenarios with real figures.

Example 1: Structural breakdown (Heating boiler)

• Context: Carlos lives in a rented flat in Madrid and pays a monthly rent of 1,000 €. In the middle of December, the natural gas boiler stops working due to the wear and tear of the electronic board over the years. The technician quotes the repair at 650 €.
• Resolution: Since this is an essential element to guarantee habitability (heating and hot water) and is not damage caused by Carlos's misuse, the repair is entirely the landlord's responsibility. Carlos must notify the landlord immediately in writing. The landlord pays the 650 €. As the repair is completed in 2 days, Carlos is not entitled to a rent reduction (the 20 days threshold for works was not exceeded).

Example 2: Energy efficiency improvement works

• Context: María rents a flat for 900 € per month. The landlord decides to replace all the old wooden windows with double-glazed Climalit aluminium ones to improve thermal insulation. The total cost of the work is 4,000 €.
• Resolution: The landlord notifies María of the work 3 months in advance. María decides to tolerate the work because she knows she will save on her electricity bill. The works last 5 days. María cannot demand a rent reduction because they do not exceed 20 days. However, under Article 19 of the LAU, once the minimum legal term of the contract (5 or 7 years) has elapsed, the landlord could pass on an annual rent increase equivalent to the invested capital multiplied by the legal interest rate of money plus three points, provided the increase does not exceed 20% of the current rent.

Mistakes you must avoid

Making mistakes when managing building works can lead to the loss of the fianza (security deposit), eviction lawsuits, or claims for damages. Always avoid the following behaviors:

• Withholding rent as a pressure tactic: If the landlord does not fix a breakdown, the tenant must NEVER unilaterally stop paying the rent. This constitutes non-payment, which entitles the landlord to initiate eviction proceedings for non-payment under the Ley de Enjuiciamiento Civil (Civil Procedure Act). The correct path is to legally claim contract compliance or contract termination.
• Carrying out renovations without written consent: Article 23 of the LAU strictly prohibits the tenant from carrying out works that modify the configuration of the dwelling (such as knocking down a wall, changing the layout, or replacing doors) without the express written consent of the landlord. If they do, the landlord can demand that they return the dwelling to its original state at the end of the contract or terminate the contract immediately, keeping the improvements without compensating the tenant.
• Failing to document the state of the property upon moving in: Failing to make a detailed photographic inventory attached to the rental contract makes it impossible to prove whether damage already existed or occurred during the tenancy, leading to disputes over who should pay for repairs.

Frequently Asked Questions (FAQ)

Can a tenant carry out works to adapt the home if they have a disability?

Yes. Article 24 of the LAU establishes that the tenant, after giving written notice to the landlord, may carry out the necessary works inside the dwelling so that it can be used adequately and easily by themselves, their spouse, or persons living with them who have a disability or are over 65 years old. However, at the end of the contract, the tenant is obliged to restore the dwelling to its previous state if the landlord so demands.

What happens if the tenant paints the walls a different color without permission?

Painting the walls a radically different color or in an unprofessional manner is considered an alteration of the aesthetic configuration of the property. The landlord can demand that the tenant repaint the walls white or the original color at the end of the contract, deducting the cost of the painter from the fianza if the tenant refuses to do so.

Who pays the garbage tax or the Property Tax (IBI) after a renovation?

Renovations do not alter the agreements of the lease contract. The Impuesto sobre Bienes Inmuebles (Property Tax) and municipal taxes (such as garbage collection) are the responsibility of the landlord, unless it has been expressly agreed in writing in the rental contract that these expenses are passed on to the tenant (Article 20 of the LAU).

Can the landlord enter the rented property to inspect the works whenever they want?

No. A rented home enjoys the protection of the inviolability of the home enshrined in the Spanish Constitution. The landlord always needs the tenant's consent or, failing that, judicial authorisation to enter the property, even if it is to check the progress of repair works.

In summary

• Mandatory conservation: The landlord must assume the cost of all repairs necessary to keep the home habitable (boilers, pipes, structure) without raising the rent for it.
• Daily maintenance: The tenant must take care of and pay for minor repairs resulting from daily use of the flat (wear and tear of taps, lightbulbs, blinds).
• Written consent: Any work that alters the layout or structure of the property by the tenant requires the express, signed authorisation of the landlord.
• The 20-day rule: If conservation works last more than 20 days, the tenant is entitled to a proportional reduction in their monthly rent.
• Always use legal channels: In the event of a discrepancy, never withhold rent payments unilaterally; you must resort to mediation or legal claims.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.