Questions related to repairs in rental apartments are a frequent topic of discussion between tenants and property owners in Spain. Situations requiring the repair of a leak, fixing the heating, or replacing a faulty outlet are quite common. The decision on who should bear the cost of such work is determined not by personal agreements, but by the provisions of the Law on Urban Leases (Ley de Arrendamientos Urbanos, LAU) and the Civil Code.
Landlord’s obligations for property maintenance
According to current legislation, the owner is required to ensure the apartment remains suitable for living throughout the entire rental period. This means they are responsible for carrying out all necessary work to maintain the property in good condition. The landlord cannot pass these expenses on to the tenant or increase the rent because of such repairs. If the apartment no longer meets the minimum living standards, the tenant can terminate the lease agreement without penalty.
When the tenant is responsible for expenses
However, there are exceptions. If the damage or malfunction is caused by improper use of the apartment, the cost of repairs is borne by the tenant. The Civil Code also stipulates that the tenant is responsible for any damage to the property unless they can prove otherwise. This rule also applies to actions by other individuals living with them or under their supervision.
Appliance repairs and minor maintenance
If household appliances such as a refrigerator, washing machine, or stove are included in the rental agreement, the owner is responsible for keeping them in working condition, unless the malfunction results from tenant negligence. If the appliances are misused, the tenant must pay for repairs. Minor maintenance duties for the tenant include replacing light bulbs, clearing clogs caused by food waste, or adjusting blinds if they break due to frequent use. Wear and tear from normal use, such as yellowed walls or faded floors, is the responsibility of the owner.
Urgent situations and refusal of repairs
If an urgent issue arises, such as a water leak or a serious electrical failure, the owner is not allowed to refuse repairs. In case of inaction, the tenant can submit a written demand and, if there is no response, take the matter to court. If necessary, the tenant has the right to pay for emergency repairs independently after notifying the owner, and then claim reimbursement by providing supporting documents.
Termination of contract due to lack of repairs
If the owner fails to provide proper living conditions—for example, does not fix severe leaks, electrical issues, or plumbing problems—the tenant may terminate the lease. It is recommended to send written notice and allow a reasonable period for the issues to be addressed.
Who is responsible for plumbing malfunctions
Responsibility for plumbing repairs depends on the cause of the problem. If the issue is technical, such as a damaged internal pipe or failure of the water supply system, the owner covers the costs. If a blockage or breakage occurs due to improper use—for example, foreign objects being flushed down the toilet—the tenant must pay for the repairs. For malfunctions in common building systems, responsibility lies with the homeowners’ association; however, it is the landlord’s duty to arrange for the repairs.
