Relocating to the beautiful Costa del Sol is a dream for many international residents, particularly for the Russian-speaking community looking for a high quality of life under the Spanish sun. However, whether you are a landlord or a tenant, renting a property in Spain involves a complex set of legal rights and obligations that are not always intuitive. One of the most frequent points of contention I see in my legal practice is the disagreement over maintenance: Who is responsible for fixing a broken water heater? Who pays for a fresh coat of paint? Who covers the cost of a leaking roof?

I am Victoria Malkova, a lawyer specializing in Spanish property and civil law based in the Costa del Sol. In this guide, I will break down the legal framework regarding "Repairs and Renovations in Rented Housing: Who Pays What Under Spanish Law?" to help you navigate your lease agreement with confidence and avoid unnecessary litigation.

The Legal Framework: The Ley de Arrendamientos Urbanos (LAU)

In Spain, residential leases are primarily governed by the Ley de Arrendamientos Urbanos (LAU). This law establishes the mandatory rules that both parties must follow, regardless of what might be written in a private contract. While there is room for negotiation on some points, the core responsibilities regarding the conservation of the property are strictly defined by Article 21 of the LAU.

Understanding these rules is essential for both Russian expats investing in rental properties and those seeking a home here. Spanish law tends to protect the habitability of the dwelling, ensuring that the tenant has a safe and functional place to live, while also protecting the landlord’s investment from damage caused by negligence.

The Landlord’s Obligations: Conservation and Habitability

According to Article 21.1 of the LAU, the landlord is obliged to carry out, without being able to increase the rent, all repairs that are necessary to preserve the dwelling in a habitable condition for its intended use. This means that if something essential to the "habitability" of the home breaks down due to age or normal passage of time, the landlord must pay for it.

Common examples of repairs that fall under the landlord's responsibility include:

  • Repairing or replacing the water heater or boiler.
  • Fixing structural issues like roof leaks, dampness, or cracks in the walls.
  • Maintaining the electrical installation and plumbing systems.
  • Replacing essential appliances if they break due to age (assuming they were provided in the original inventory).

The only exception to this rule is if the damage was caused intentionally or through the negligence of the tenant. In such cases, the landlord is not obligated to cover the costs. It is also important to note that the tenant must notify the landlord as soon as possible about the need for these repairs. Failure to notify could make the tenant liable for any further damage caused by the delay.

The Tenant’s Obligations: Small Repairs and Daily Wear

While the landlord handles the big-ticket items, the tenant is responsible for what the law calls "small repairs" (pequeñas reparaciones). Article 21.4 of the LAU states that repairs required by the wear and tear of ordinary use of the dwelling are to be paid for by the tenant.

The definition of "small repair" can sometimes be a gray area, but Spanish jurisprudence typically defines it based on two criteria: the cost of the repair and the nature of the damage. Generally, if the repair costs less than 150-200 Euros and involves a simple fix, it is the tenant's responsibility. Examples include:

  • Changing light bulbs or fixing a broken door handle.
  • Repairing a leaky faucet or replacing a shower hose.
  • Professional cleaning or minor maintenance of air conditioning filters.
  • Fixing blinds that have become stuck due to daily use.

Furthermore, any damage caused directly by the tenant, their guests, or their pets must be paid for by the tenant, regardless of whether it is a "small" or "large" repair. For instance, if a window is broken during a party, the tenant must bear the cost of replacement.

Urgent Repairs: Taking Action in Emergencies

There are situations where a repair cannot wait for a long discussion between parties. If a pipe bursts in the middle of the night or the electricity fails completely, these are considered "urgent repairs."

Under Spanish law, the tenant can carry out these repairs themselves to avoid immediate damage or serious discomfort, provided they notify the landlord first. Once the repair is done, the tenant can demand immediate reimbursement of the cost from the landlord. However, I always advise my clients to document the emergency with photos and keep all original invoices to ensure the reimbursement process goes smoothly.

Improvements and Renovations

There is a significant difference between "repairs" and "improvements." Repairs are necessary for habitability; improvements are optional upgrades that increase the value or comfort of the property. For example, installing a swimming pool or upgrading to high-end marble flooring constitutes an improvement.

If the landlord wishes to carry out improvement works that cannot reasonably be postponed until the end of the lease, they must provide the tenant with at least three months' notice. In some cases, the tenant may have the right to terminate the contract or receive a rent reduction proportional to the part of the dwelling they cannot use during the works.

Conversely, if a tenant wants to make renovations (such as painting walls a different color or installing new shelves), they must obtain written consent from the landlord. Without this consent, the landlord can demand that the tenant restore the property to its original state at the end of the lease or keep the improvements without compensation.

Why You Need Legal Guidance in the Costa del Sol

Navigating the "Repairs and Renovations in Rented Housing: Who Pays What Under Spanish Law?" can be daunting, especially when there is a language barrier or a lack of familiarity with the Spanish legal system. Misunderstandings often lead to the withholding of rent or the unfair retention of security deposits, both of which can lead to expensive court battles.

As a lawyer in the Costa del Sol, I provide specialized legal assistance to the Russian-speaking community, ensuring that your lease agreements are robust and that your rights are protected. Whether you are drafting a contract or facing a dispute over property maintenance, having professional counsel ensures that you are acting within the boundaries of the Ley de Arrendamientos Urbanos.

If you find yourself in a disagreement regarding repairs or need help reviewing a rental contract in Marbella, Fuengirola, or anywhere in the Costa del Sol, do not hesitate to reach out. Prevention is always more cost-effective than litigation.

Victoria Malkova
Legal Advisor & Lawyer
Costa del Sol, Spain