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Disputes Over Rental Property Repairs in Spain: Who's Responsible?

In Spain, what happens when there's no agreement on who should repair a rental property? Here's what you need to know:

  1. Landlord's Responsibility: The landlord is obligated to maintain the property in suitable conditions for occupancy. This means they must handle repairs due to normal wear and tear or damage caused by regular use and the passage of time. This includes structural repairs and issues affecting the habitability of the dwelling.

  2. Tenant's Responsibility: On the other hand, the tenant must keep the property in good condition and use it properly. Any damage resulting from negligence or misuse by the tenant is generally the tenant's responsibility.

  3. Resolving Disputes: If there's a disagreement about who should pay for a particular repair, the tenant and landlord can attempt to negotiate. If no agreement is reached, legal action can be pursued.

  4. Urgent Repairs: In cases of urgent repairs that severely affect the habitability of the property, such as plumbing or heating issues in winter, the tenant can carry out the repairs and then request reimbursement from the landlord. This must be done following the law and a specific process.

  5. Mediation and Arbitration: In some autonomous communities in Spain, there are mediation and arbitration services that can assist in resolving disputes between landlords and tenants without going to court.

In summary, responsibility for repairs in a rental property in Spain is generally governed by law and the lease agreement. It's essential for both parties to understand their rights and responsibilities and, in case of disagreement, consider seeking legal advice or turning to mediation to fairly and efficiently resolve the dispute.

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