Tenant disputes and tenant helpArticle 2 of 5 · 6 min read
Written notices and evidence: burofax, email and records
How to build a dated, provable paper trail for any dispute with your landlord: when to send a burofax, when certified email is enough, and how to keep messages, photos and records so a later claim can be proven. For tenants in Spain.
Key rules
- Contract first: If your contract names a notice method, follow it.
- Burofax certificates: Keep both the certificate of content and the delivery receipt.
- Read receipts: Neither a burofax nor certified email proves the landlord read it, only what was sent and when.
- Messages: Keep WhatsApp messages on the original phone, because a challenged print-out is weak.
The short version
If a dispute with your landlord is possible, put everything in writing, date it, and keep proof. A claim you cannot prove is hard to win, even when you are right. Proof of rent payment has its own article in this Topic; this page covers everything else.
When to use a burofax
A burofax is a postal service that proves what your letter said, the date, and that delivery was attempted. It is rarely required by law, but it is the safest choice for formal demands:
- an unpaid deposit
- repair demands
- ending your lease or telling the landlord you will not renew
- disputing a rent increase
- showing you tried to settle before going to court
It can also help stop time limits running out and shows good faith. For casual exchanges, or when an email record is solid and nobody disputes it, a burofax is not needed.
Check your contract first. If it names a notice method, follow it.
Certified email as an alternative
Certified email from a qualified provider is a cheaper option. Courts accept it as evidence, and a qualified provider's service is legally presumed to protect the content and the date and time. A burofax is usually seen as stronger. If the other side challenges either one, a judge decides freely how much weight to give it, and may ask for the provider's certificate or an expert report.
Neither proves the landlord actually read the message. They prove what was sent, and when.
Prices vary by pages, speed and provider. A burofax usually costs more than certified email, and online burofax services are often cheaper than the post office counter. Compare current prices before you choose.
What to put in a formal notice
Keep it factual and signed. Include:
- Full names, ID numbers and addresses for you and the landlord, plus the property address and contract date.
- The facts, dated and numbered: for example deposit paid, move-out date, the defect and your earlier complaints.
- A precise demand: a specified sum with your bank details, a repair, or termination.
- A deadline, commonly 10 days, with a warning that you will take legal action and claim interest.
- A list of the evidence attached.
Keep a copy. For a termination notice, deadlines depend on the legal ground, so confirm them with a lawyer.
Keep both the certificate of content and the delivery receipt. Without them the burofax proves little.
Messages and emails
WhatsApp messages and ordinary emails can be used as evidence. If the other side does not challenge them, they are accepted. If they do, you must prove the messages are genuine, usually by showing the original phone or with a notary's record or an expert report. Courts are cautious because messages can be altered, and print-outs alone are weak.
So keep messages on the original device, back them up, and note the phone number and dates. For anything important, follow up with a burofax or certified email.
Records to keep through the tenancy
Collect records at three moments: move-in, during the tenancy, and move-out. The documents list below shows what to keep. Two habits matter most:
- Take dated photos and video on the day you move in, and again when you leave.
- Do a joint walkthrough at move-out and get a signed report. If the landlord will not cooperate, consider a notary or a witness.
Keep digital backups of everything.
The timeline and checklist below walk you through the order of steps.
Timeline and deadlines
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Gather your evidence and check your contract for the required notice method: before you write the notice
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Send the signed notice by burofax with certified content, with your evidence listed: as soon as the problem is clear
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Give the other side a reasonable deadline to respond or comply: commonly 10 days from delivery, or the legal deadline if there is one
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For a deposit, expect it back after you hand over the keys: within one month of handing back the keys, with legal interest on any late return
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Allow time for a reply before filing most civil claims, and keep proof of it: about 30 days for the other side to reply, for claims filed since 3 April 2025
Documents you need
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Signed and dated inventory and condition report from move-in, signed by you and the landlord
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Dated photos and video from move-in of every room, defects, appliances and meters
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Your lease and the transfer receipt showing you paid the deposit, plus any deposit registration with the regional body
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Meter readings for electricity, water and gas at move-in and at move-out
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Rent receipts or bank transfers and utility bills from the tenancy
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Written repair requests, the landlord's replies and invoices for any repairs you paid
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Burofax certificate of content and the delivery receipt, both issued by the post office or online service that sends it
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Provider's certificate of content and delivery, if you send certified email instead of a burofax
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Signed checkout report from a joint walkthrough, with fresh dated photos and video, cleaning receipts and proof that you returned the keys
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Written demand for the deposit, with a copy for your records
Checklist
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Decide whether a burofax is worth it: use one for formal demands such as an unpaid deposit, repair demands, termination or non-renewal, or disputing a rent increase
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Read your contract for a required notice method and follow it
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List the evidence attached, sign the notice and keep a copy
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Send it by burofax with certified content, or by certified email from a qualified provider, and keep the certificate and delivery receipt
-
Confirm the notice period with a lawyer before sending a termination notice
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Keep digital backups of photos, videos and messages, and save the original messages on your phone with the number and dates visible
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Ask a notary or a witness to attend if the landlord refuses to join the move-out walkthrough
Frequently asked questions
Is certified email as good as a burofax?
Not quite. A court accepts certified email, but a burofax is usually treated as stronger proof of the text, the date and the delivery attempt. Certified email from a qualified provider is stronger than ordinary email. Keep the provider's certificate in case the other side challenges it.
How much does a burofax cost compared with certified email?
At a post office, a short one-page burofax typically costs about 25 to 45 euros, and more with extra pages. Online burofax services are often about 15 to 35 euros. Certified email usually costs about 1 to 5 euros per message.
Can I use WhatsApp messages and ordinary emails as evidence?
Yes. Courts accept them, and if the other side does not challenge them they stand. If they do, you must prove the messages are genuine, often with a notarial record or an expert report. Print-outs alone are weak, so keep the messages on the original phone.
Does a burofax prove my landlord actually read it?
No. A burofax or certified email proves what you sent, when, and that delivery was attempted. It does not prove the landlord read it. That is usually enough to show you made the demand.
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