Renting in Spain: Tenant or Landlord - Who Pays for Repairs?
Discover the legal responsibilities for repairs in rental properties in Spain. Find out if it's the tenant or landlord who foots the bill.
Property maintenance can be a contentious issue between tenants and landlords, especially when it comes to wear and tear. In Spain, the question of who is responsible for the upkeep of a rental property can lead to disagreements and even legal disputes. According to Article 21.4 of Spain's Urban Leasing Law, minor repairs due to wear and tear from ordinary use are the responsibility of the tenant. However, the lack of a clear definition of wear and tear can lead to differing interpretations of the law.
[Get leads, screen tenants, create leases, and collect rent — all in one place. Free for landlords]
In general, landlords are responsible for standard maintenance repairs to keep the property habitable, such as repairs to the floor, walls, and ceilings. On the other hand, tenants are responsible for maintaining and replacing electricity and water installations, as well as superficial wear and tear like small holes in walls. The specifics of each living arrangement depend on the contract between the tenant and landlord.
When it comes to determining what constitutes wear and tear, factors such as occupancy time, repair costs, and the area of the house affected are taken into consideration. If repair work is necessary to maintain the habitability of the property, the tenant is required to accept the repairs, even if they are inconvenient. However, if the repairs last more than 20 days, the landlord may be required to reduce the rent proportionally.
While Spanish law provides some guidance on the division of responsibilities between tenants and landlords when it comes to wear and tear, the lack of specific definitions can lead to confusion and disputes. It is important for both parties to communicate clearly and refer to their rental agreement to determine who is responsible for what.
Get leads, screen tenants, create leases, and collect rent — all in one place. Free for landlords.
Renting in Spain: Tenant or Landlord - Who Pays for Repairs?
Greece Real Estate Market: High Demand for ‘Green’ Homes
Greece Real Estate Market: High Demand for ‘Green’ Homes
Explore how 'green' properties in Greece achieve sale prices up to 125% higher, underscoring the value of energy-efficient real estate investments.
Lower Rates Drive U.S Home Sales to Record Pace
Lower Rates Drive U.S Home Sales to Record Pace
Explore how lower rates are fueling the fastest pace of US home sales in over a year, transforming the real estate market landscape.
UK Real Estate Market: Buy-to-Let Decline Boosts Sales
UK Real Estate Market: Buy-to-Let Decline Boosts Sales
Explore how the decline in buy-to-let properties is driving a surge in home sales within the UK real estate market. Insights and analysis await.
Portugal Property Development Rebounds in Q3
Portugal Property Development Rebounds in Q3
Explore how Portugal's property development sector is revitalizing in Q3 2024, fueled by lower interest rates and a wave of positive sentiment.
Europe’s Luxury Real Estate Thrives Amid Corrections
Europe’s Luxury Real Estate Thrives Amid Corrections
Explore how high-end properties are resilient in Europe, buoyed by wealth transfer and increasing affluence, as revealed by CBRE Group research.