Who pays for repairs: landlord or tenant

Key rules

• Landlord's repairs: The landlord pays for repairs that keep the home usable, without raising your rent.
• Your repairs: You pay for small repairs from everyday wear and tear.
• Damage you cause: You pay for damage caused by you, your household or your guests.
• Long works: If works last more than 20 days, you may reduce the rent in proportion to the part you cannot use.

The short answer

The landlord pays for repairs that keep the home usable. You pay only for small repairs from everyday wear, and for damage you or your household cause.

What the landlord pays for

The landlord must carry out and pay for repairs needed to keep the home in condition for its agreed use. They cannot raise your rent to cover them. This covers the structure, the roof and installations such as water, electricity and heating. Failures that come from age or normal ageing of these systems stay with the landlord.

The exception is damage attributable to you. In that case the landlord does not have to pay.

What you pay for

You pay for small repairs required by everyday wear and tear. Think of minor fixes from normal daily use of the home. The law gives no list of items, so borderline cases depend on your contract and, if there is a dispute, on a court.

Contract clauses that shift repairs to you

A contract cannot validly move major repairs onto you. A clause making you pay for structural or installation repairs is limited and you should not accept it as binding. If your contract has one, ask the landlord to explain it before you sign, or get advice from your town hall's consumer office.

Damage you cause

You pay for damage caused by your fault or negligence. This includes damage caused by people in your household and by your guests. You are expected to look after the home with reasonable care. If something is damaged during the lease, you are presumed responsible unless you can show it was not your fault.

The landlord can deduct the cost from your fianza or claim it in court. Keep photos and dated records of the home's condition when you move in, and of any fault that was already there or that was not your doing.

If works take a long time

If repair works last more than 20 days, you may reduce the rent in proportion to the part of the home you cannot use.

How to ask for a repair

1. Tell the landlord or agent in writing, with photos, and say exactly what is wrong. Use the template letter below.
2. Keep a copy and proof that you sent it.
3. Give access for the work at a reasonable time.

Do not pay for a major repair yourself and then expect a refund without agreeing it first in writing with the landlord.

Short-term and seasonal lets

These rules apply to normal housing leases. Tourist or seasonal-use contracts follow other rules, so check your contract.

Landlord and tenant repair duties side by side

The dividing line is simple: the landlord pays when something fails through age or a defect, and you pay when it fails through everyday use or misuse.

Air conditioning is the least clear item. If it was not part of the lease, a court may treat it as non-essential and not make the landlord repair it. Check that your contract lists it.

Your contract and the inventory can change who pays, and court decisions vary by province. Before you pay for anything bigger than a small fix, read your contract's clauses on appliances and compare the item with the inventory. Photograph the problem and tell the landlord in writing.

Timeline and deadlines

• Landlord carries out conservation repairs at no extra rent: Whenever a repair is needed to keep the home usable for its agreed purpose

• Rent reduction during long works: Once the works pass the 20-day mark, as explained in the main text of this page

Template letter asking your landlord for a repair

Send this by burofax with certified content and acknowledgment of receipt, because it proves both what you wrote and when. Email or WhatsApp can also work, but the landlord can challenge them. They are stronger if the landlord replies, or if you have already used that channel for the lease. Keep paying your rent while the repair is pending.

The letter

Fill in the brackets. Delete any line that does not apply.

To: [Landlord's full name, or agency name] Address / email: [Landlord's or agency's address, or email] From: [Your full name], tenant Property: [Full address of the rented home] Date: [Today's date]

Subject: Request for repair of [short description, e.g. water leak in bathroom ceiling]

Dear [Name],

I am the tenant of the property above under the lease signed on [date of contract].

I am writing to tell you about the following problem: [describe what is wrong, where it is, and when you first noticed it]. [Add if relevant: It affects [what you cannot use or what is at risk, e.g. the only bathroom / the heating / the safety of the electrics].]

I attach dated photos/video [and the technician's report / invoice, if you have one] showing the problem.

Under Spanish rental law, the landlord must carry out the repairs needed to keep the home fit to live in, unless the damage was caused by the tenant. This problem was not caused by me.

I therefore ask you to repair it, or to send someone to inspect it, by [date: a reasonable deadline, for example 10 to 15 days from sending; use a shorter one if the problem is urgent or unsafe].

You can contact me at [phone] or [email] to arrange access to the home. I am available [days and times].

I will keep paying the rent as normal. If the repair is not done by the date above, I will take further steps, including a complaint to the relevant housing authority or town hall, and any other action open to me.

Sincerely, [Full name] [ID/NIE number] [Signature, if sending on paper]

Before you send

• Check your contract. If it sets a way to give notice, use that method as well.
• Gather proof first. Take dated photos or video of the problem, and keep any invoices or technician reports.
• Keep copies. Save the letter, the attachments and the proof of sending or delivery.

After you send

1. Wait for the deadline. If the landlord replies, keep the reply.
2. Follow up in writing. If nothing happens by the deadline, send a short second message that refers to the first letter and its date.
3. Escalate if needed. Complain to your regional housing body or town hall. You can also try mediation, ask a lawyer for a formal demand, or go to court.

Frequently asked questions

Can my contract make me pay for major repairs?

No. A clause that shifts major repairs onto you is not valid. Structural problems and installation failures from age stay with the landlord.

What if the damage was caused by a guest or a family member?

You pay for it. You are responsible for damage caused by your household and your guests, as well as by your own fault or negligence.

What if I think the damage was not my fault?

You will need to show it. The law presumes the tenant is liable for deterioration during the lease unless the tenant proves otherwise. Keep photos and messages that show the problem came from age or a fault in the home.

Does the landlord's repair duty apply to tourist or seasonal lets?

No. The landlord's repair duty described here covers housing leases.