Mediation and regional housing offices for tenants

Key rules

• Voluntary: Your landlord cannot be forced to join mediation or to agree to anything.
• No rulings: Housing offices advise and mediate but cannot order your landlord to pay or repair; only a court can.
• Cost: Public mediation is usually free for tenants, but fees vary by region and town.
• Enforcement: A signed agreement binds like a contract, but is directly enforceable only as a public deed or court-approved.

What these offices can do for you

Public mediation and housing offices can settle some disputes cheaply, but what they cover, what they cost and whether the result is binding vary by region. Check your own region's service before you count on any of it.

Regional and town housing offices usually:

• give advice on your rights as a tenant;
• review your contract;
• help with subsidies and rent aid;
• handle fianza registration;
• run rental exchanges (bolsas de alquiler);
• sometimes offer mediation;
• point you to legal aid.

Regional authorities can also inspect and fine landlords who break housing rules, for example on habitability or an unregistered fianza. In regions with rent caps, they deal with those too.

What they cannot do

A housing office cannot judge your dispute, order your landlord to pay, evict anyone or force repairs. Only a court, or an arbitration both sides accept, can give a binding ruling. Offices do not normally represent you in court.

Who to contact

Every region has local consumer offices (OMIC) and tenant or neighbour associations. Beyond that, the main bodies are:

• Catalonia: the Agència de l'Habitatge de Catalunya and its local housing offices, plus a housing mediation service. Deposits go to Incasòl.
• Madrid: the regional housing department and the Agencia de Vivienda Social. The city also has a neighbour mediation service.
• Andalucía: the regional housing department and its provincial delegations, Junta consumer offices and the housing and rehabilitation agency.
• Valencia: the regional housing department, its territorial services, and mediation services in some town councils.
• Basque Country: Etxebide, the Basque housing department and the Kontsumobide consumer institute.

Names and services change, so confirm the current office with your town hall.

What it costs

Mediation through public housing or consumer services is usually free for tenants. Some regional or court-linked services charge a small fee, sometimes reduced by income. If you qualify for legal aid, mediation costs may be covered in some cases. Private mediators charge fees, normally shared between both sides.

Your landlord does not have to take part

Mediation is voluntary. You cannot force your landlord to attend or to agree. Invite them in writing and keep proof they received it. A refusal without good reason can count against them on costs if the dispute later reaches court.

Making an agreement stick

An agreement signed by both of you binds you like a contract. To enforce it directly, without a new court case, it must be raised to a public deed (escritura pública) or approved by a court. Ask the service how it records agreements before you sign.

Getting your fianza back

Regional deposit bodies, such as Incasòl in Catalonia, hold the fianza your landlord lodged. They can pay it out at the end of the lease if your landlord agrees, or on a court order. In Catalonia you can also claim it with proof that the lease ended. These bodies do not decide disputes over deductions. That is for a court. Some regions do not require landlords to lodge the fianza at all.

Documents you need

• Proof of the end of your lease, to claim your deposit from the regional deposit body (for example INCASOL in Catalonia) without the landlord's consent. A final court judgment also works.

• Your signed mediation agreement, if you want to enforce it. It must be raised to a public deed (escritura pública) or approved by a court.

Checklist

• Find your regional housing office and your town's consumer office (OMIC), and ask whether either offers landlord-tenant mediation.

• Ask the office what it can do for you: advice, contract review, rent aid, deposit registration or mediation.

• Ask whether the service is free and, if not, what the fee is and whether it is reduced by income.

• If the landlord refuses or does not reply, ask the office about other routes, such as legal aid or a court claim.

What to watch out for

• The landlord cannot be forced to attend: Mediation is voluntary, so your landlord can refuse to come or to settle, and the office cannot make them. Invite them in writing and keep proof. If they refuse, move on to a court claim; an unjustified refusal may count against them on costs.

• A housing office cannot rule on your dispute: These offices advise and can sanction breaches of housing rules, but they cannot order the landlord to pay, force repairs or evict anyone. Only a court can do that. Use the office for advice and mediation, and go to court if you need a binding order.

• A signed agreement may not be directly enforceable: An agreement signed by both sides binds them like a contract, but if the landlord ignores it you may need a court to enforce it.

Frequently asked questions

Does it cost anything to use public mediation?

Usually not. Mediation run by regional housing offices, your town's consumer office (OMIC) or municipal services is normally free for the tenant.

What happens if my landlord ignores the mediation invitation?

Nothing can force them to attend, because mediation is voluntary. But a refusal without good reason can count against them on costs if the case later goes to court, so keep proof that you invited them.

Can I enforce what we agree in mediation?

A signed agreement is binding like a contract. To make it directly enforceable, have it raised to a public deed (escritura pública) or approved by a court.

Can the deposit body decide how much of my fianza I get back?

No. The regional deposit body, such as INCASOL in Catalonia, pays out the deposit when the landlord agrees or a court orders it. It does not decide disputes over deductions; a court does.