You reported the leak three weeks ago. You sent photos. You followed up. Your landlord read the message, maybe even replied with "I'll sort it," and then nothing happened. The damp is spreading, the wall is discolouring, and you are stuck wondering whether you just have to live with it.
This is the single most common frustration renters in Spain describe. Not the question of who pays for what (we cover that in our guide to small repairs), but the question of what to do when your landlord simply will not act. Spanish law gives you real tools to force the issue. Most tenants never use them because they do not know they exist.
The Ley de Arrendamientos Urbanos (LAU) is the statute that governs residential leases in Spain, and it sets out a clear repair obligation for landlords.¹ The Codigo Civil provides additional protections that are even older and still enforceable.² This article is about how to use both of them, step by step, to get repairs done.
Your Landlord's Repair Obligation Is Not Optional
Article 21.1 of the LAU requires landlords to carry out all repairs necessary to keep the property habitable, without raising the rent.¹ Article 1554 of the Codigo Civil reinforces this with three duties: deliver the property, maintain it throughout the lease, and guarantee the tenant's peaceful enjoyment.² "Peaceful enjoyment" in legal terms means a property that functions as a home, with working plumbing, safe electrics, hot water, and weatherproof walls and roof.
The critical point for enforcement is this: these obligations exist regardless of what your contract says. A clause that tries to make you responsible for boiler replacement, fixing structural damp, or repairing faulty wiring contradicts the LAU. If you haven't signed yet, our rental contract checklist covers what to look for and which clauses to reject. Spanish courts have consistently held that contract terms cannot override mandatory provisions of the LAU that protect tenants.¹ If your landlord points to a clause in your contract as a reason not to fix something that affects habitability, that clause is almost certainly unenforceable.
Not sure whether a specific repair falls on you or the landlord? Our small repairs guide breaks down the line between tenant and landlord responsibilities in detail, including the practical cost thresholds that Spanish courts use.
What to do:
Re-read your rental contract and highlight any clauses about repairs. If a clause shifts major repair duties onto you, note it, but know it likely cannot override the LAU.
Understand the basic rule: if the repair affects the property's ability to function as a home, it is the landlord's duty. If it is routine wear from daily use (light bulbs, a clogged drain), it is yours.
How to Notify Your Landlord So It Actually Counts
Article 21.3 of the LAU places a specific duty on you: you must notify the landlord of any needed repair as soon as possible, and you must allow them to inspect the property.¹ This is not just good practice. It is a legal requirement, and failing to do it can weaken your position if the issue escalates.
The way you notify matters more than most tenants realise. A verbal conversation does not create a record. A phone call is hard to prove. WhatsApp is better than nothing, but as we explain in our communication guide, messaging apps are hard to organise and difficult to present as a clean record in court. Email is the strongest option: it timestamps automatically, it is easy to file, and a landlord's reply implicitly confirms receipt. For urgent situations where you need to notify quickly, WhatsApp is fine as a first step, but always follow up with an email confirming what you reported and when.
A strong repair notification includes five things: your name and the property address, a clear description of the problem, the date you first noticed it, photos or video showing the issue, a reasonable deadline for response (7 to 14 days for non-urgent issues, 48 hours for urgent ones), and a reference to the landlord's obligation under Article 21.1 of the LAU. You do not need to use legal language. Something as simple as "I'm writing to formally request that this is repaired, as it affects the habitability of the property under the LAU" is enough. What matters is that it is in writing, it is clear, and it gives the landlord a specific timeframe.
Why go to this trouble? Because every step after this, from carrying out the repair yourself to filing a court claim, depends on proving that you notified the landlord and gave them a reasonable chance to act. Without that proof, your position is significantly weaker, even if the repair is clearly the landlord's responsibility.
For detailed advice on writing to your landlord in a way that gets results (including templates and tone guidance), see our article on communicating with your property owner.
What to do:
Use email as your primary channel for repair requests. It creates the cleanest legal record.
If you need to notify urgently (a burst pipe, no heating), use WhatsApp to alert your landlord immediately, then follow up the same day with an email confirming what you reported.
Include your name, the property address, a description of the problem, the date you noticed it, photos, a deadline for response, and a reference to Article 21.1 of the LAU.
Save everything. Back up photos separately. If a dispute reaches court, this record is your strongest evidence.
Use Rent AI to draft and track your repair requests, so you have a complete timeline if you need to escalate.
What Counts as a "Reasonable" Timeframe for Repairs
The LAU does not specify a deadline for landlords to complete repairs. This is one of the most frustrating gaps in the law, and landlords know it. But Spanish courts have developed practical standards through case law that fill this gap.
For non-urgent repairs (a stiff window, a dripping tap that is not causing damage, a broken intercom), courts generally consider 15 to 30 days a reasonable response time.³ This does not mean your landlord has 30 days of silence before you can act. It means they should at least acknowledge the issue and take steps towards resolution within that window.
For urgent repairs that affect habitability (no hot water, a burst pipe, a serious roof leak, failed heating in winter), the standard is much tighter. A landlord who does not respond within a few days to an urgent habitability issue is already acting unreasonably by any court's measure. When basic services fail, days matter.
If your landlord acknowledges the issue but keeps pushing the timeline back, that is also relevant. Courts look at the pattern of communication. A landlord who promises action repeatedly but never follows through is not acting in good faith, and that pattern of delay is itself evidence you can use.
The distinction between urgent and non-urgent is not just about speed. It also determines your options. For urgent repairs, you may be able to carry out the work yourself and claim the cost back. For non-urgent repairs, you generally need to go through the full notification and escalation process before taking action.
What to do:
After sending your initial notification, note the date and wait a reasonable period: a few days for urgent issues, two to three weeks for non-urgent ones.
If no meaningful response comes, send a second written message. Reference your first message by date. State that the repair remains outstanding and that you reserve your rights under the LAU.
Keep a log of every exchange: date, what was said, what was promised, what actually happened. This timeline is powerful evidence if the matter goes further.
When You Can Fix It Yourself and Recover the Cost
Spanish law does permit tenants to carry out urgent repairs and recover the cost from the landlord. But this right is narrower than many people think, and exercising it badly can backfire.
The conditions are strict. You must demonstrate that the repair was genuinely urgent, meaning it could not wait without causing further damage or affecting your health and safety. You must show that you notified the landlord and gave them a reasonable opportunity to act first. And you must prove that the amount you spent was fair.
In practice, this means you need a paper trail before you pick up the phone to call a plumber. Your notification to the landlord (with the date, photos, and a clear description) is the foundation. If you sent that notification and received no response for several days while the problem worsened, you are in a stronger position. If you skipped the notification and went straight to hiring someone, your claim is much weaker.
Get at least two written quotes before commissioning the work, if the situation allows. Take photos of the problem before and after the repair. Keep the original invoice and proof of payment. All of this becomes your evidence if the landlord refuses to reimburse you and you need to pursue it through court or deduct it from rent.
One important warning: Spanish law does not clearly allow tenants to withhold or reduce rent unilaterally as a remedy for unresolved repairs. While some tenants do this in practice, it carries legal risk. A landlord could argue you are in breach of contract for non-payment. The safer route is to pay rent in full, carry out the urgent repair with proper documentation, and then pursue reimbursement through negotiation or, if necessary, the courts.
What to do:
Only carry out a repair yourself if it is genuinely urgent and the landlord has been notified and given time to respond.
Get at least two quotes before commissioning work. Choose the reasonable option, not the cheapest or the most expensive.
Document everything: photos before and after, the invoice, proof of payment, and all communication with the landlord.
Do not withhold rent without legal advice. Pay rent in full and pursue reimbursement as a separate claim.
If the amount is significant, consult a tenant association or your local Oficina de Vivienda before acting.
Major Works During Your Tenancy: Your Rights Under Article 21.2
Sometimes the landlord does act, but the repair is so large that it disrupts your life. Article 21.2 of the LAU addresses conservation works that are urgently needed and cannot reasonably wait until the lease ends.¹ In these cases, you are legally required to tolerate the works, even if they are highly inconvenient or you lose the use of part of the property.
But the law balances this. If the works last more than 20 days, you are entitled to a proportional reduction in your rent for the duration of the disruption.¹ If you lose the use of a bedroom for two months while the landlord repairs structural damp, your rent should reflect that. This is not a favour; it is your legal right.
If the works are so extensive that the property becomes effectively uninhabitable, you may have grounds to terminate the lease entirely. This is a significant step, and you should seek legal advice before taking it, but the option exists.
Be aware that some landlords use "necessary works" as a strategy to pressure tenants into leaving, particularly in cities where market rents have risen sharply since the lease was signed. If your landlord suddenly announces major works and suggests you should find somewhere else to live, that is a red flag. Article 21.2 gives you the right to stay and receive a rent reduction. The 2023 Ley por el Derecho a la Vivienda strengthened tenant protections more broadly, including eviction safeguards and rent increase caps through the IRAV index.⁴ The legislative direction is clear: tenants have more protections, not fewer.
What to do:
If your landlord announces works, request a written schedule with dates, scope, and expected duration before anything starts.
If works last more than 20 days, formally request a proportional rent reduction in writing, citing Article 21.2 of the LAU.
Do not agree to vacate the property unless you want to. The law gives you the right to remain.
If the works make the property uninhabitable, seek legal advice about early termination before signing anything or moving out.
Escalation: Housing Offices, Tenant Associations, and Courts
If communication has failed and the repair remains undone, you have formal routes available.
Your first stop should be your autonomous community's Oficina de Vivienda (housing office). Every region in Spain has one, and they offer free guidance on tenant rights. They can advise you on your specific situation and, in some cases, mediate between you and the landlord. This costs nothing and creates an official record that you sought help.
Tenant associations (asociaciones de inquilinos) are another resource. Some operate nationally (like the Sindicato de Inquilinas), while others are regional. They can advise on your legal position, help you draft formal communications, and connect you with lawyers who specialise in tenancy disputes.
Before going to court, consider mediation (mediacion). Many municipalities offer mediation services for rental disputes, and some autonomous communities require an attempt at out-of-court resolution before certain claims can proceed. Mediation is faster, cheaper, and less adversarial than court. It does not always work, but when it does, it resolves the issue without the cost and time of litigation.
If mediation fails or is not available, you can take the matter to court. For repair-related claims under 6,000 euros, Spanish civil procedure allows you to use the juicio verbal (verbal hearing) at the Juzgado de Primera Instancia without needing a lawyer (abogado) or court representative (procurador).⁵ This makes small repair disputes accessible without high legal costs. Above 6,000 euros, legal representation is required, but many tenant associations can connect you with affordable options.
Courts will assess the evidence: your written notifications, photos, the landlord's responses (or lack of them), invoices, and the nature of the repair. The tenant who documented everything methodically is the one who wins these cases. The tenant who only communicated verbally and kept no records faces an uphill battle, even when the law is on their side.
What to do:
Start with your local Oficina de Vivienda. It is free and creates an official record.
Contact a tenant association for legal guidance and support.
Try mediation before court. It is faster, cheaper, and often resolves the issue.
If mediation fails, for claims under 6,000 euros you can file at the Juzgado de Primera Instancia without a lawyer.
Bring everything: your written notifications, photos, the landlord's responses, invoices, and a timeline of events.
For a full picture of how disputes connect to your deposit, see our guide to protecting your deposit in Spain.
The Real Point
Knowing that the law is on your side is not enough if you do not know how to use it. The tenants who get repairs done are the ones who put everything in writing, follow up methodically, and understand the escalation path before they need it. Your landlord's obligation to repair is not a suggestion. It is built into the LAU at its foundation, reinforced by the Codigo Civil, and backed by courts that consistently hold landlords to it. The question is never whether you have the right. It is whether you have the evidence.
If you want help building that paper trail, understanding your contract, or knowing when to escalate, Rent AI can walk you through the process.
Sources
Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos, Article 21 (Conservacion de la vivienda). Boletin Oficial del Estado (BOE).
Codigo Civil, Articles 1554-1555 (Obligaciones del arrendador y del arrendatario). Boletin Oficial del Estado (BOE).
Consejo General del Poder Judicial, jurisprudential guidance on reasonable response times and minor repair thresholds under the LAU.
Ley 12/2023, de 24 de mayo, por el derecho a la vivienda, and subsequent regulatory development including the IRAV index (Indice de Referencia de Arrendamientos de Vivienda). Boletin Oficial del Estado (BOE).
Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil, Article 250.1 (verbal procedure for claims under 6,000 euros). Boletin Oficial del Estado (BOE).
