Where to take a dispute with your landlord

Key rules

• Prior attempt: Since 3 April 2025, most civil claims need proof you tried to settle first, and that the other side had 30 days to reply.
• Lawyer: You do not need a lawyer for a claim of up to €2,000.
• Urgent repairs: Notify the landlord as soon as possible before an urgent repair, and claim only strictly urgent work.
• Rent: Keep paying the lawful rent while you dispute something; withholding it can lead to eviction.

Start low and move up only if you need to

Most disputes are solved on the first or second step. Court is the last step, and you usually cannot reach it without showing you tried earlier steps. The decision tool below matches your problem, the amount and the urgency to a route.

This page is for tenants on a normal residential lease. Tourist rentals and room rentals outside a standard lease work differently. Available bodies and rules also differ by region, so check what your region offers.

The ladder

1. Talk to the landlord or agency, in writing. Use email or WhatsApp so you have a record. Say what is wrong, what you want and by when.
2. Send a burofax. This is a formal letter that proves it was delivered and what it said. Name the problem, say what you want and give a deadline.
3. Ask for free or low-cost help. Try your regional or municipal housing office, a tenants' association, or your town's consumer office. Some areas also have a mediation service, where a neutral person helps both sides reach a deal.
4. Complain to the regional housing authority. This fits matters such as an unregistered deposit or a breach of regional rules.
5. Go to court. Only do this after the earlier steps.

What the court step requires

Since 3 April 2025, you must show you made a prior attempt to settle before filing most civil claims. Negotiation, mediation, conciliation or a binding offer all count. You need proof that the other side had 30 days to reply. Your burofax, a documented offer or a mediation record can serve as proof. Without it, the court can reject your claim. Some claims are exempt, such as eviction-related ones. Ask a lawyer or a housing office whether yours is.

Claims of up to €6,000 go through the juicio verbal, a simplified procedure. For claims of up to €2,000 you do not need a lawyer. Larger claims go through the ordinary procedure.

Pick the route by problem

• Repairs. The landlord pays for repairs needed to keep the home habitable, unless you caused the damage or it is small wear. Write first, then send a burofax. If that fails, you can ask a court to order the work. The housing authority or a municipal inspection can also help with habitability.
• Urgent repairs. You can carry out a repair that is urgent to avoid imminent danger or further damage. Notify the landlord as soon as possible first, and you can claim the cost of strictly urgent work. Keep photos, quotes and invoices. A court decides whether it was truly urgent, so do only what cannot wait.
• Long repair works. If works in your home last more than 20 days, you can ask for a proportional rent reduction.
• Deposit (fianza). Ask for it back in writing, then send a burofax, then claim the amount plus interest through the juicio verbal. If the deposit was lodged with a regional body, that body can help.
• Rent increase. An increase must follow the index or cap in your contract and any temporary or regional limits. Challenge it in writing, keep paying the lawful rent, and go to a housing office or court if needed.
• Unfair contract terms. Abusive or unlawful clauses can be void. Get advice from a housing office, the consumer office or a lawyer before going to court.

Arbitration

Arbitration is voluntary. It happens only if both sides agree. Consumer arbitration may cover tenants of a professional landlord or agency, but generally not private landlords, and it suits leases poorly. Private arbitration is costly and its result is binding. Ask the landlord in writing whether they would agree.

Where people go wrong

Do not skip to court, and do not give up after one ignored message. Do not withhold rent, because it can lead to an eviction claim. The warnings below cover more.

Tenant-landlord dispute: which route fits your problem?

Which route fits your problem, the amount and how urgent it is?

• Police and urgent court order: Your landlord changed the locks, cut water, power or heating, or is harassing you. Call the police (or 112) and file a report, keep evidence, and ask a lawyer about urgent interim measures. Free legal aid and a tenant union can help.

• Polite written negotiation: You still live there, want to stay, and the problem is small or the evidence is weak. Put your request in writing and give a clear reply date. This also counts as the prior attempt at dispute resolution that most claims now need.

• Formal written demand (burofax): Repairs are refused, the deposit is not returned, or a rent increase looks wrong. A burofax is a certified postal letter that proves what you sent. Use it straight away if your evidence is strong, such as the contract, transfers, photos and messages. Keep paying your rent in full.

• Mediation or a housing office: You want to keep the relationship, your evidence is thin, or you are unsure about contract terms or rent rules. Public housing offices, your town hall's consumer office (OMIC) and municipal mediation are usually free for tenants. Private mediators charge fees.

• Do the urgent repair yourself: The repair cannot wait because of danger or further damage. Tell the landlord as soon as possible, do only the strictly urgent work, keep photos, quotes and invoices, and claim the cost. Do not withhold rent.

• Court claim: Written demands and mediation have failed. Claims up to 6,000 euros go through the juicio verbal; larger ones through the juicio ordinario. You must show a prior attempt at dispute resolution, with proof the other side had about 30 days to reply. For non-urgent repairs, you can ask the court to order the work or award damages.

For a lockout or cut utilities, go to the police and a lawyer first. Otherwise start with the cheapest route that leaves proof, written negotiation or a burofax, and move to mediation or court only if that fails. Small sums often settle because court costs may outweigh them.

Timeline and deadlines

Order of steps and timing

• Talk to the landlord or agency, preferably in writing: first, as soon as the problem appears

• Send a formal written demand by burofax with a clear reply deadline: if talks fail

• Ask a housing office, tenants' association, consumer office or mediation service for help: while the demand is open or if the landlord stays silent

• Notify the landlord of an urgent repair, then carry it out: as soon as possible, before or as you do the urgent work

• Ask for a proportional rent reduction: when repair works last more than 20 days

• File the court claim with your proof of the earlier attempt: after the reply period has passed

Documents you need

Papers to gather before you escalate

• Written record of your talks with the landlord or agency, such as emails or WhatsApp messages. It shows you tried to settle first.

• Burofax (certified delivery that also certifies what the letter said), sent through the post office. It sets a deadline and proves the landlord had time to reply.

• Photos, quotes and invoices for any urgent repair you carried out and want to claim back.

Checklist

Before you move to the next step

• Write to the landlord or agency by email or WhatsApp and keep the replies.

• Send a burofax that names the problem, what you want and a deadline.

• Wait the 30 days for a reply and keep proof of the date you sent it.

• Ask your housing office, tenants' association or consumer office for free advice.

• Notify the landlord straight away before doing any urgent repair, and keep photos, quotes and invoices.

• Attach proof of your earlier settlement attempt when you file a court claim.

What to watch out for

What to watch out for

• Withholding rent: Stopping rent because the landlord won't repair can lead to an eviction claim against you. Keep paying the rent, send a burofax, and ask for a municipal inspection or habitability report.

• Overreaching on repairs: Only strictly urgent work to avoid danger or serious harm can be claimed back. A court may refuse the cost of anything else.

• Disputing a rent increase badly: Refusing to pay the whole increase can backfire if part of it is lawful. Updates are limited to the contract's index or cap, and some regions add rent controls. Challenge it in writing, keep paying the lawful rent, and ask a housing office or court if the landlord insists.

• Going straight to court: A court claim for most money or specific-act demands can be thrown out without proof of an earlier settlement attempt. Negotiate or send a burofax first and keep the proof.

Quick answers on landlord disputes

Do I need a lawyer to claim against my landlord?

Not for a claim of up to 2,000 euros in the juicio verbal. Above that you need both a lawyer and a procurador (a court representative). If you meet the income limits, free legal aid covers them.

Does mediation cost me anything?

Public mediation through housing offices, OMIC or your town hall is usually free for tenants. Private mediators charge fees, usually shared between both sides. Legal aid can sometimes cover them.

Can I join a tenant union as a foreigner?

Yes. Tenant unions generally do not ask for Spanish nationality or full papers. You normally need to be a tenant or affected by housing problems, and agree with the union's principles. Ask your local union for its rules.