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Repairs and everyday tenant lifeArticle 3 of 8 · 7 min read

When your landlord ignores serious repairs

How to push a landlord who ignores serious repairs, step by step: written request, formal notice, a housing complaint, then dispute routes. For tenants in Spain whose repair requests are going nowhere, and who need to avoid mistakes that put the home at risk.

Key rules

  • Rent: Keep paying your rent in full, even while repairs are undone.
  • Repair deadline: There is no fixed legal deadline, so set a reasonable one based on how urgent the defect is.
  • Proof: A burofax with certified content is the safest way to prove what you sent and when.
  • Housing complaint: Housing offices record the problem and add pressure, but only a court can order repairs, rent cuts or compensation.

Follow this order, and keep paying rent

Escalate in four steps: a written request, a formal notice, a housing complaint, then the dispute routes. Keep paying your rent in full the whole time. Withholding rent is the one move that can cost you your home.

Step 1: Put the request in writing

Start by documenting the problem. Take dated photos or video. Keep any invoices or technician reports.

Then write to the landlord or the agency. Describe the problem, say how urgent it is, and give a reasonable deadline.

There is no fixed legal deadline for repairs. The landlord must act within a reasonable time, judged by how urgent the defect is. A leak or no hot water needs quick action. A cosmetic problem can wait longer. Set your deadline to match.

Step 2: Send a formal notice

If the deadline passes, follow up in writing. Now use a method that proves what you sent and when.

  • Burofax: this is the strongest option. Ask Correos for a burofax with certified content and acknowledgment of receipt. It proves both the text and the date.
  • Email or WhatsApp: these can count as evidence, but the landlord can challenge them. They carry more weight if the landlord replies or if you have always used that channel for the lease.

Unless your contract sets a specific form, no special format is required. A burofax is the safer choice.

Step 3: File a housing complaint

If the formal notice is ignored, complain to an authority. There is no single national body, and what is available depends on your region and town.

  • Your regional housing department can take complaints. In some regions it can also issue habitability certificates.
  • Your town hall's building or technical inspection service can order owners to fix dangerous or unsafe buildings.
  • The consumer office usually cannot help with a private landlord. It may help if you rent through an agency or a company.

Check with your town hall which office handles this where you live.

A complaint puts pressure on the landlord and creates a record. These offices generally cannot force a private landlord to repair, cannot cut your rent and cannot award compensation. Only a court can do those things.

Step 4: Move to dispute routes

If the landlord still does nothing, or ignores your burofax, or the home is unusable, move on to the formal routes. The decision below compares them.

  • Mediation or a lawyer's letter: some regions offer a rental mediation service. A lawyer's formal demand letter is another step before court.
  • Court claim: a judge can order the landlord to repair, award compensation, reduce the rent or end the contract. The court can also authorise you to do the repairs at the landlord's cost. Most claims above €2,000 need a lawyer.

Do not withhold rent

The law gives you no right to hold back or deduct rent for repairs that are not done. Unpaid rent is grounds for ending the contract and eviction. Courts accept deductions only in very limited cases.

If you are in a dispute, you have safer options. You can pay under protest and claim the money back later. If the landlord refuses your payment, you can deposit the rent with the court. Or you can sue.

One legal exception exists. If the landlord's own works last more than 20 days, you can cut the rent in proportion to the part of the home you cannot use. The details are in "Who pays for repairs: landlord or tenant". For urgent repairs, you may claim the cost back.

The checklist, documents list and timeline below cover each step in detail.

Choosing between options

Where do you take it when written requests fail?

  • Housing complaint to the region or town hall: The defect is serious or the building may be unsafe, and you want it on official record. The town hall can order works on dangerous buildings.

  • Mediation or a lawyer's letter: You want to settle without court and your region offers a rental mediation service, or you can pay for a lawyer's formal demand.

  • Court claim: The landlord ignores a burofax or the home is unusable. A court can force the repair, reduce the rent, award compensation or end the contract.

  • Withholding rent: Never. It is not a valid option and risks eviction.

Escalate in order: written request, formal notice, regional housing complaint, then court. Only a court can force the repair, reduce rent or award compensation, and you keep paying rent throughout.

Timeline and deadlines

  • Document the defect with dated photos or video: as soon as you notice it

  • Send a written repair request with a reasonable deadline, by a method that proves delivery: right after documenting the defect

  • Follow up in writing: when the deadline you set has passed

  • Complain to the regional housing body or town hall, or try mediation or a lawyer's letter: if the follow-up gets no result

  • Reduce rent in proportion to the unusable part (rule set out in Who pays for repairs: landlord or tenant): only if the landlord's own repair works last more than 20 days

Documents you need

  • Dated photos or video of the defect, plus any invoices or technician reports you have

  • Your written repair request, describing the problem, the urgency and a reasonable deadline

  • Proof of delivery: a burofax with certified content and acknowledgment of receipt from Correos, or emails and WhatsApp messages with the landlord's reply

  • A lawyer's formal demand letter, if you go to mediation or court

Checklist

  • Take dated photos or video of the defect and keep invoices or technician reports

  • Send the landlord or agency a written request describing the problem, the urgency and a reasonable deadline

  • Send it by burofax with certified content, or by email or WhatsApp and keep any reply

  • File a complaint with your regional housing department or your town hall's building inspection service

  • If that fails, move on to mediation, a lawyer's letter or a court claim

  • Keep paying your rent in full throughout

Check with your regional housing department or town hall which office handles complaints in your area.

What to watch out for

  • Withholding rent can lose you your home: The law gives you no right to withhold or deduct rent for unmade repairs. Unpaid rent is a ground for ending the contract and eviction. Keep paying. If needed, pay under protest and claim the money back, or deposit the rent with the court if the landlord refuses it. You can also sue for repair, a rent reduction or ending the contract.

  • A housing complaint will not force the repair: These offices generally cannot force a private landlord to repair, cut your rent or award compensation. Only a court can. File the complaint to put the problem on record, and prepare the court route in parallel if the landlord keeps ignoring you.

  • The consumer office usually cannot help with a private landlord: The consumer office (OMIC) normally covers consumer issues, not disputes with a private landlord, unless you rent through an agency or company. Go to your regional housing department or town hall's building inspection service instead.

Frequently asked questions

Is there a deadline for my landlord to fix the problem?

No, the law sets no fixed number of days for repairs. How quick the landlord must be depends on the defect, as set out in the steps above.

Is an email enough, or do I need a burofax?

No special form is required unless your contract sets one. A burofax with certified content is the strongest proof of what you said and when. Email or WhatsApp can work, especially if the landlord replies.

What can I do if the landlord ignores a burofax?

You can take the matter to court, which is the route that can force the landlord to act. You can file a claim to force the repair, with a rent reduction or compensation, or ask to end the contract. Try mediation or a lawyer's letter first, and expect to need a lawyer for most claims above €2,000.

Need certainty before you act?

For important relocation decisions, speak with a qualified human specialist.

Consult with a human specialist

For decisions that depend on your own circumstances, a qualified human professional should look at your case. Tell us what you need help with and we will reply by email.

Always verify important information with the relevant official authority or a qualified adviser before acting. This website uses large language models together with various public data sources, official government documents and other established sources. Due to the amount of data on this website, some information might be wrong. Information may also be incomplete or outdated.

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