Small Repairs in Your Spanish Rental: Who Pays for What
A practical guide for renters in Spain.
Something breaks in your flat. A tap starts dripping, a blind cord snaps, or a tile cracks in the bathroom. Your first thought is probably whether to fix it yourself or call your landlord. In Spain, the answer is not a guess: it is written into law.
Article 21 of the Ley de Arrendamientos Urbanos (LAU), Spain's Urban Leases Act, lays out a clear division of responsibility between tenants and landlords when it comes to repairs.¹ The landlord must keep the property habitable. The tenant handles small fixes caused by everyday living. Simple enough in principle, but in practice, this line gets blurred constantly, and knowing exactly where it falls can save you real money and a lot of frustration.
The 2023 Ley por el Derecho a la Vivienda (Housing Law) reinforced these protections further, strengthening the tenant's right to live in a safe, well-maintained home.² If your landlord is dragging their feet on a repair that affects habitability, the legal framework is more firmly on your side than ever.
The legal divide: ordinary wear vs. structural maintenance
Article 21 of the LAU splits repair responsibility into two categories. Section 1 says the landlord must carry out "all repairs necessary to maintain the dwelling in conditions of habitability for the agreed use," without raising the rent.¹ Section 4 says "small repairs required by wear and tear from ordinary use of the dwelling shall be the responsibility of the tenant."¹
The critical word here is "ordinary." If something breaks because you live in the flat normally, cooking meals, opening and closing doors, running water, that is ordinary wear and tear, and it falls to you. If something breaks because of age, structural deterioration, or a fault in the building's systems, that is the landlord's problem regardless of cost.
What the LAU does not do is give a specific euro figure. The law says "small repairs" without defining a threshold. Spanish courts have, over time, settled on a working figure of approximately 150 euros as the dividing line between what counts as a minor repair and what crosses into the landlord's territory.³ This is not a hard legal limit written into the statute. It is a guideline that has emerged from case law and is widely referenced in rental contracts across Spain. The figure matters because it gives you a practical benchmark: if a repair costs less than roughly 150 euros and resulted from normal daily use, you will almost certainly be expected to cover it.
But cost alone does not determine responsibility. A 100 euro repair to fix a faulty boiler ignition is the landlord's obligation, because the heating system is essential infrastructure. A 200 euro repaint of a wall you scuffed with furniture might be yours, because the damage came from your use of the flat. The nature of the repair matters as much as the price.
What to do:
When something breaks, ask yourself two questions: did this happen because of normal daily living, and is it a small fix? If yes to both, it is likely yours.
If the repair involves the building's structure, essential systems (plumbing, electrics, heating, gas), or affects whether the flat is safe to live in, notify your landlord in writing. That is their responsibility under Article 21.1 of the LAU.
For anything near the 150 euro mark, get a quote before paying. If the cost pushes above that threshold, your landlord should be covering it.
Check your rental contract for any specific clause on repair thresholds. Some contracts set a figure (often 100 or 150 euros). If your contract sets a figure, that applies.
What counts as your responsibility
The repairs that fall to you as a tenant are the small, routine fixes that come from living in a home. Article 21.4 of the LAU describes these as repairs caused by "el desgaste por el uso ordinario," the wear and tear of ordinary use.¹
In practice, this covers things like replacing light bulbs, fixing a dripping tap washer, unclogging a drain blocked by hair or normal kitchen debris, replacing a broken blind cord, tightening loose door handles or cabinet hinges, replacing worn weatherstripping (burletes) around doors and windows, and swapping out a cracked toilet seat. These are things that wear out because someone lives in the flat, and the law considers them your cost of living there.
The key distinction courts look at is whether the damage happened through normal, reasonable use or through negligence.³ If your drain is blocked because hair accumulated over months of showers, that is ordinary wear. If your drain is blocked because you poured cooking oil down it, that is negligence, and while you still pay for the repair, the legal reasoning is different. Negligence can also affect your deposit: under Articles 1563 and 1564 of the Spanish Civil Code, a tenant is presumed to have received the property in good condition, and the burden of proving otherwise falls on you.⁴
This is why move-in documentation matters so much. If you did not photograph the state of the flat when you moved in, your landlord can argue that damage you claim was pre-existing is actually your fault. The connection between small repairs and your deposit is closer than most tenants realise. For more on protecting your deposit from the start, see the guide to protecting your deposit in Spain.
What to do:
Keep a small maintenance kit in your flat: spare light bulbs, a basic toolkit, plumber's tape, and a plunger. Most minor fixes take minutes and cost under 10 euros.
When you move in, photograph every room, every appliance, and any existing damage. Send these photos to your landlord by email so there is a timestamped record. This protects you later if there is a dispute about whether damage was pre-existing.
Fix small issues promptly. A dripping tap left for months can cause water damage, and if that escalates into a bigger problem, your landlord could argue your delay made it worse.
If you are unsure whether something is ordinary wear or a bigger issue, describe it to your landlord in writing and ask. Their response (or lack of one) becomes part of your paper trail.
What your landlord must fix
Article 21.1 of the LAU is unambiguous: the landlord must carry out all repairs necessary to keep the home habitable, and they cannot raise your rent to cover the cost.¹ This is not optional or negotiable. It is a legal obligation that comes with owning a rental property in Spain.
Habitability covers a wide range of issues. If your boiler breaks down and you have no hot water or heating, that is your landlord's repair. If a pipe bursts inside a wall, if the electrical panel trips repeatedly, if damp is spreading from a structural leak, if a window will not close and compromises security, all of these fall squarely on the landlord. The same applies to major kitchen appliances that came with the flat (oven, hob, fridge) if they fail through normal ageing rather than misuse, and to pest infestations that require professional treatment.
The 2023 Ley de Vivienda strengthened the tenant's position here.² The law reinforced the principle that landlords must act within a reasonable timeframe on habitability repairs. If your landlord ignores a serious issue, you are not simply stuck waiting. You have legal avenues to compel action, starting with your local housing office (Oficina de Vivienda) and, if necessary, the courts.
One important detail: if conservation works last more than twenty days, Article 21.2 of the LAU entitles you to a proportional rent reduction for the part of the flat you cannot use during that period.¹ This is worth knowing if your landlord undertakes major work. You should not be paying full rent for a flat that is partly a building site.
What to do:
Report any habitability issue to your landlord in writing immediately. Email or a messaging app that timestamps messages both work.
Give your landlord a reasonable deadline to respond, typically 7 to 14 days for non-urgent repairs. State this deadline clearly in your message.
If the repair takes more than 20 days and you lose use of part of your flat, request a proportional rent reduction in writing, citing Article 21.2 of the LAU.
If your landlord does not respond or refuses to act, contact your local Oficina de Vivienda. They can advise you on next steps and, in many cases, mediate.
Keep records of every communication. Screenshots, emails, and photos of the damage create the evidence you need if the dispute escalates.
When you cannot wait: urgent repairs
Sometimes a repair cannot wait for your landlord to respond. A burst pipe flooding your kitchen, a gas smell, a heating failure in the middle of winter. Article 21.3 of the LAU covers these situations directly: you can carry out urgent repairs yourself, provided you notify your landlord beforehand (or as soon as practically possible), and then demand reimbursement.¹
The law uses the phrase "reparaciones urgentes para evitar un daño inminente o una incomodidad grave," urgent repairs to prevent imminent damage or serious inconvenience.¹ This is a high bar. A slightly dripping tap does not qualify. A pipe that has burst and is flooding your flat does. A faulty gas connection that you can smell absolutely does. A broken heating system when temperatures are near freezing does.
The proof matters enormously here. If you act without notifying your landlord and without being able to demonstrate genuine urgency, they can refuse to reimburse you. Courts have been consistent on this: the tenant must show that the situation required immediate action and that they informed the landlord as quickly as possible.³ Keep the communication trail clear. Send a message before you call the plumber if you can, and photograph the damage before and after the repair.
For guidance on how to communicate effectively with your landlord in these situations, including templates for urgent repair notifications, see the article on communicating with your property owner.
What to do:
If there is an immediate safety risk (gas leak, electrical hazard, structural danger), call emergency services first. Your safety comes before any legal procedure.
Contact your landlord immediately by phone and follow up with a written message describing the problem, what you are doing about it, and why it cannot wait.
Take photos of the damage before any repair work begins.
Get an invoice from the repair professional. This is your evidence for reimbursement.
Send your landlord a written reimbursement request with the invoice attached, citing Article 21.3 of the LAU.
Common mistakes that cost tenants money
The most expensive mistake tenants make is paying for repairs that are legally the landlord's responsibility, either because they do not know the law or because they want to avoid conflict. Understanding the rules is not about being difficult with your landlord. It is about protecting yourself.
One frequent problem is landlords bundling multiple small repairs into a single invoice. If your landlord fixes a dripping tap (50 euros), repaints a wall (150 euros), and replaces a faulty heating valve (300 euros), the total looks like one big bill. But each item needs to be assessed separately. The tap might be yours. The wall repaint is borderline and depends on why it needed repainting. The heating valve is clearly the landlord's obligation. Always request an itemised invoice.
Another common mistake is paying for a repair out of pocket and then expecting your landlord to reimburse you afterwards. Unless the repair was genuinely urgent under Article 21.3, your landlord can simply refuse.¹ Get agreement in writing before spending your money on anything that is not an emergency.
Finally, do not ignore repairs that are your landlord's responsibility. If the heating does not work and you simply put on extra jumpers all winter, you are accepting substandard living conditions you do not have to accept. More practically, if a small problem worsens because it was left unaddressed, your landlord could argue that your failure to report it contributed to the damage. Report everything in writing, give deadlines, and follow up. Use Rent AI to track repair requests and keep your communication with your landlord organised so nothing falls through the cracks.
What to do:
Always request itemised invoices for any repair work. Do not accept a single lump sum for multiple fixes.
Before paying for any non-emergency repair, get written confirmation from your landlord that it is your responsibility.
If a repair is borderline (close to 150 euros, or the cause is debatable), get a quote and share it with your landlord in writing before proceeding.
Report all issues promptly. A small leak reported today is a minor fix. The same leak ignored for three months is water damage, and your landlord may argue you made it worse.
Keep a simple log of all repair requests and responses. Dates, descriptions, photos, and costs. This is your best protection in any dispute.
The real point
Spanish rental law gives tenants clear protections when it comes to repairs. The division is straightforward: you handle the small stuff that comes from everyday living, and your landlord handles everything that keeps the home safe and habitable. Knowing this distinction, and documenting everything, puts you in a much stronger position than most tenants who simply pay up and hope for the best.
If a repair situation feels unclear, write it down, photograph it, and communicate in writing. That paper trail is worth more than any legal advice you will get after the fact. And if your landlord acknowledges the repair is theirs but keeps delaying, our guide on getting your landlord to act on repairs covers the full escalation path, from formal notice to court. And if you want a simple way to keep track of repair requests, deadlines, and your rights under Spanish tenancy law, Rent AI is built to help you do exactly that.
Sources
Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (LAU), Article 21. Boletín Oficial del Estado (BOE).
Ley 12/2023, de 24 de mayo, por el Derecho a la Vivienda. Boletín Oficial del Estado (BOE).
Jurisprudencia on the interpretation of "small repairs" under Article 21.4 LAU, including the approximate 150 euro threshold established through Spanish case law.
Spanish Civil Code, Articles 1563 and 1564, on the presumption of good condition at tenancy commencement and the tenant's burden of proof.
