Home Rental Dispute
A frequent situation in rented accommodation in Spain, both from the landlord’s and tenant’s point of view, is damage to things or furniture in the accommodation. At that time, you may ask who should pay for the cost of repair.
Both parties to a lease have different obligations
The Spanish Towns and Cities Rent Act states that the landlord has a duty to provide a good living environment and the tenant has a duty to take reasonable care of the premises used as well as to carry out routine repairs. Article 21 of the Act states that the landlord is responsible for the cost of repairs for all damages that may affect the habitable environment of the house. In other words, in the case of a leaky house, a burst water pipe, a collapsed ceiling, etc., the landlord is obliged to be responsible for the repairs.
On the other hand, the tenant is responsible for repairing damages caused by everyday life. For example, faucets, locks, light bulbs, etc. are the responsibility of the tenant. This does not affect the “habitable environment” as stated in the law .
As for the furnishings, it should be noted that the landlord is not obliged to provide the tenant with furnishings unless it is stipulated in the rental agreement. If the property was furnished when the tenant moved in, and it was damaged, the landlord is not obliged to buy new furniture for the tenant. In addition, the furniture and equipment bought by the tenant belongs to him and he is free to take it with him at the end of the contract. All rights reserved .
How to deal with a landlord who does not fulfill his obligation
If the landlord does not fulfill his obligations under the law, i.e., does not carry out the maintenance responsibilities stipulated in the law and ignores the tenant’s request for maintenance, the Law gives the tenant a series of ways to defend his rights:
-In case of emergency,
-In non-emergency situations, the tenant can send a registered letter to the landlord requesting repairs. If the landlord ignores the request, the tenant may be able to recover the cost of the repairs through the courts.
-If, say, the damage to the house is very extensive and cannot be fixed or repaired in the short term, the tenant has the option of terminating the lease on the house. Usually, this is because of structural problems with the house, such as collapsing walls, structural instability, severe water seepage, etc. In these cases, even if the term of the contract has not expired, the tenant can unilaterally terminate the contract without having to pay any compensation.
