Liability for Damages: What the Law Says
In Spain, issues related to renting property are regulated by a special law — Ley de Arrendamientos Urbanos (LAU). However, it does not provide direct guidelines for thefts or break-ins. In such situations, parties rely on the general rules regarding property safety and the terms of the contract. If parts of the apartment are damaged as a result of a break-in — for example, a door is broken or a window is smashed — the responsibility for repairs falls on the owner. This is because it is the owner’s duty to keep the property in livable condition. The exception is if the rental agreement specifies other terms, or if the damage was caused by the tenant’s fault.
At the same time, when it comes to the tenant’s personal belongings — such as electronics, jewelry, or money — the tenant is solely responsible for their safety. The landlord does not compensate for the tenant’s property losses, unless otherwise stipulated in the agreement. To protect your belongings, it’s recommended to take out an insurance policy that covers theft risks.
What to Do After a Theft: Step-by-Step Guide
If a break-in is discovered, the first step is to contact the police. You need to document all damages and missing items, and obtain an official police report. The next step is to notify the apartment owner, especially if doors, windows, or other parts of the property have been affected. It’s important not to begin repairs until the insurance company’s expert has inspected the premises, if applicable. Usually, you have no more than a week from the incident to file a claim with the insurer.
Residents are advised to keep receipts and documentation for stolen items to verify their value. If the apartment is insured, the insurance company may cover the losses within the limits of the policy. If there is no insurance, the cost of restoring personal property falls on the tenant.
Peculiarities of insurance and contractual nuances
The law does not require tenants to insure the contents of a rented apartment, but many landlords insist on this condition in the contract. It’s important to carefully review the agreement: sometimes, it includes the tenant’s obligation to compensate certain damages or independently insure belongings. If such requirements exist, they must be fulfilled to avoid disputes in the future.
Tenant insurance policies usually cover not only theft, but also other risks—for example, damage from fire or flooding. Property owners, on the other hand, typically insure the building itself, not its contents. If the contract allows for joint insurance, both parties can agree on how to share expenses and responsibilities.
Theft in Common Areas: Who Is Responsible?
If criminals cause damage not only to an apartment, but also to common areas—such as the entrance hall, garage, or stairways—the responsibility for repairs falls on the homeowners’ association. In Spain, such cases are governed by the Ley de Propiedad Horizontal. Usually, the costs are covered by the communal budget or through the building’s collective insurance policy. It’s important to remember that neither the tenant nor the individual owner is responsible for repairs in common areas, unless their actions directly caused the incident.
If disputes arise between neighbors regarding building security or access, it is recommended to address these issues in community meetings and make decisions together about additional security measures.
Tips to Prevent Incidents
Experts advise tenants not to leave valuables in plain sight, to use modern locks and alarm systems, and to regularly check the condition of doors and windows. Property owners are recommended to update security systems promptly and inform residents about the rules for using common areas. Following these measures helps reduce the risk of theft and makes it easier to resolve incidents if they do occur.
