Rental Repairs in Spain: Who Pays, Landlord or Tenant?

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The distribution of expenses for repairs and maintenance in a rental property is, without a doubt, one of the greatest sources of conflict between landlords and tenants in Spain. When the boiler breaks down in the middle of winter, dampness appears in the living room, or a window blind breaks, the question is always the same: who should foot the bill? Spanish legislation establishes a clear framework to define the responsibilities of each party, but daily practice requires knowing the law in detail to avoid abuses and resolve disputes quickly. In this article, we will analyze in depth what the regulations say, how to act step-by-step, and how to resolve the most common problems in residential leases.

The Legal Framework: What Do the Urban Leasing Act and the Civil Code Say?

To understand who must pay for each repair, we must look to the regulation that governs residential rentals in Spain: the Ley 29/1994, de 29 de noviembre, de Arrendamientos Urbanos or LAU (Urban Leasing Act), modified in key aspects of management and expenses by the recent Ley 12/2023, de 24 de mayo, por el derecho a la vivienda (Housing Right Act). Supplementarily, the Código Civil (Civil Code) also applies.

The key to this entire matter lies in two fundamental legal concepts set out in the LAU: necessary repairs to maintain habitability of the property and small repairs arising from wear and tear from ordinary use.

1. Conservation Repairs (Landlord's Obligation)

Article 21.1 of the LAU establishes that the arrendador (landlord) is obliged to carry out, without any right to raise the rent for doing so, all repairs that are necessary to preserve the dwelling in habitable conditions to serve the agreed use.

The owner is only exempt from this obligation in two scenarios:

• When the deterioration is attributable to the arrendatario (tenant) or to the people living with them, in accordance with the provisions of *Articles 1563 and 1564 of the Código Civil***.
• In the event of the destruction of the dwelling for reasons not attributable to the landlord (for example, an accidental fire or a catastrophic flood that results in the building being declared a ruin).

2. Small Repairs Due to Wear and Tear (Tenant's Obligation)

On the other hand, Article 21.4 of the LAU stipulates that small repairs required by wear and tear from the ordinary use of the dwelling shall be the responsibility of the tenant.

The great legal and practical challenge is defining what is considered a "small repair". The jurisprudence of Spanish courts has been shaping this concept based on two main criteria:

• The economic criterion: Traditionally, the courts consider a "small repair" to be one whose cost does not exceed a certain percentage of the monthly rent (usually the limit is set around 30% or 50% of the monthly payment, or an amount between 100 € and 150 €).
• The criterion of the origin of the damage: If the defect is due to misuse or an accident caused by the tenant, the repair will always be their responsibility, regardless of the amount. If it is due to the end of the useful life of the appliance or installation, it corresponds to the owner.

What Does the Landlord Pay? (Habitability Repairs)

As a general rule, the owner must take care of maintaining the structure of the building, the basic installations, and the habitability of the property. This includes:

• Water, electricity, and gas installations: Repair or replacement of pipes, downspouts, electrical wiring, the fuse box, and the boiler or hot water heater.
• Structural problems and dampness: Repair of leaks, water filtration, dampness due to capillary action or structural condensation, and cracks in the walls.
• Replacement of major appliances: If the washing machine, refrigerator, or oven stops working due to its age (end of its useful life) and not due to misuse, the landlord must repair or replace them.
• Common elements: Derramas (special community assessments) of the homeowners' association that affect the structure, facades, roofs, elevator, or main entrance gates.

What Does the Tenant Pay? (Maintenance and Wear and Tear)

The tenant must take care of keeping the property in the same state in which they received it, assuming the costs of daily conservation and the damages they cause directly or indirectly:

• Small consumables and maintenance: Blown light bulbs, changing filters in the extractor hood or air conditioning, replacing the shower head, or the hose of the water heater.
• Wear and tear from daily use: Lubricating locks, fixing a window blind that has jammed due to use, repairing a dripping tap due to the wear of the rubber gasket, or the varnishing of the parquet floor if it is damaged during the contract.
• Damage due to negligence or misuse: If the tenant breaks a window pane due to an impact, clogs the pipes by pouring food or wet wipes down the toilet, or burns the kitchen countertop with a hot pan, the repair is entirely at their expense.

Practical Examples with Real Figures

To better understand how these rules apply on a day-to-day basis, let's analyze two common scenarios:

Example 1: The Heating Boiler Breakdown

• Situation: María rents an apartment in Madrid for 900 € per month. In the middle of December, the natural gas boiler stops working. The technician from the official service comes to the property and determines that the boiler's water pump has burned out due to the age of the appliance (it has 12 years of use). The repair estimate is 380 €.
• Resolution: Since it is an essential element for habitability (heating and hot water) and is due to natural wear and tear over time (end of the component's useful life), the repair is the landlord's responsibility. María does not have to pay anything. The landlord must pay the 380 € urgently.

Example 2: The Kitchen Tap and the Lock

• Situation: Carlos lives in a rented apartment for 650 € per month. The single-lever kitchen tap starts to drip because the internal gasket has worn out. In addition, the key to the entrance door enters with difficulty because the lock cylinder is dry. The cost of changing the tap cartridge and applying lubricant to the lock amounts to 85 €.
• Resolution: These are simple and low-cost maintenance operations (well below 15% of Carlos's monthly rent). Both defects derive from the daily and ordinary use of the property. Carlos, as the tenant, must assume the cost of the 85 €.

Practical Procedures: Step-by-Step When a Breakdown Occurs

When a breakdown arises in the rented property, it is essential to act in an orderly manner and leave a written record to avoid misunderstandings or lack of legal protection. Follow these steps:

1. Detect and document the damage: Take photographs or record a video of the defect immediately.
2. Notify the landlord in writing: Inform the owner as soon as possible. Use channels that leave a written record (WhatsApp, email or, in serious cases where the landlord does not respond, a burofax — a certified registered letter with proof of content). Article 21.3 of the LAU requires the tenant to communicate the need for repairs in the shortest possible timeframe.
3. Facilitate the entry of technicians: The tenant is obliged to allow the landlord or the technicians designated by them to enter the property to verify its condition and carry out the necessary works.
4. Cases of extreme urgency: If the breakdown is urgent (for example, a broken pipe flooding the house), the tenant can carry out the repair immediately to avoid greater damage, after notifying the landlord, and immediately demand reimbursement of the amount paid (supported by Article 21.3 of the LAU).
5. Keep invoices and estimates: Always keep official invoices with the breakdown of VAT (IVA) and the technical report indicating the cause of the breakdown.

Mistakes You Must Avoid

Making mistakes during the repair claim process can weaken your legal position. Always avoid the following:

• Withholding rent as a pressure measure: This is the most serious mistake a tenant can make. Even if the landlord refuses to repair the boiler, non-payment of rent is an automatic cause for eviction under the Ley de Enjuiciamiento Civil or LEC (Civil Procedure Act). Repair claims must go through an independent legal channel.
• Carrying out improvement works without written consent: The tenant cannot carry out works that modify the configuration of the dwelling without the express written consent of the landlord. If they do, the landlord can demand that they return the property to its original state at the end of the contract or terminate the rental agreement.
• Not taking out home insurance: Many tenants and landlords believe that the other's insurance is sufficient. Ideally, the landlord should have building (continente) and civil liability insurance, and the tenant should have contents (contenido) and family civil liability insurance to cover potential damage to their own belongings or to third parties (such as flooding the neighbor below by leaving a tap running).
• Accepting null clauses in the contract: Some rental contracts include clauses that oblige the tenant to pay for all repairs to the property, regardless of their nature or amount. According to Article 6 of the LAU, clauses that modify the rules of the law to the detriment of the tenant are null and void (nulas de pleno derecho).

Frequently Asked Questions (FAQ)

Who pays for painting the property at the end of the contract?

It depends on the condition of the walls. If the walls show normal wear and tear from the passage of time (light marks from furniture or pictures), the owner cannot demand that the tenant paint the property or withhold the fianza (security deposit) for this reason. However, if the tenant painted the walls in loud colors without authorization or caused serious damage (damp stains due to negligence, graffiti, etc.), they must assume the cost of returning the walls to their original state.

What happens if the repair takes many days? Am I entitled to a rent reduction?

Yes, the law provides for this. According to Article 21.2 of the LAU, if the conservation repair cannot be deferred until the termination of the lease and lasts more than 20 days, the tenant has the right to have the rent decreased in proportion to the part of the dwelling of which they are deprived during the works.

If the air conditioning breaks down, who fixes it?

If the air conditioning was already installed in the property when the rental contract was signed and was part of the leased equipment, the owner has the obligation to repair or replace it if it breaks down due to age or the end of its useful life, as it forms part of the agreed habitability conditions. If it breaks down due to misuse by the tenant (for example, never cleaning the filters), the cost will be the tenant's.

Who has to pay the rubbish tax and the community fees?

The Ley 12/2023 por el derecho a la vivienda and the LAU allow the parties to agree that community fees and taxes (such as the IBI — property tax — or the rubbish collection tax) are to be paid by the tenant. For this to be legal, it must be expressly stated in writing in the rental contract, indicating the approximate annual amount of these expenses at the date of the contract. If nothing is agreed in the contract, these expenses correspond by default to the owner.

In Summary

• The landlord pays for structural repairs, basic installations (water, electricity, gas), and major appliances broken down due to the passage of time, which are necessary to guarantee habitability.
• The tenant pays for small repairs derived from ordinary wear and tear from daily use of the property (light bulbs, filters, low-cost repairs) and any damage caused by negligence or misuse.
• Written communication is essential from the very first moment the defect is detected to avoid losing your rights.
• Never stop paying the rent as a protest for an unresolved breakdown; the correct legal path is a judicial claim or arbitration, always keeping rental payments up to date.
• Contract clauses that oblige the tenant to assume structural or habitability repairs are null and void under the law.

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.