Who Pays for Repairs in a Spanish Rental? Landlord vs Tenant Under Article 21 of the LAU

It's Sunday night, the water heater dies and a damp stain starts spreading across the bathroom ceiling. Every tenant asks the same thing: do I fix it, or does my landlord? And every landlord wonders: where does my duty end?

The answer lies in Article 21 of Spain's Urban Leases Act (Ley de Arrendamientos Urbanos, Law 29/1994). The latest consolidated version published on the BOE (updated 1 October 2026) includes a clear procedure for demanding repairs. Here it is in plain English, with practical examples.

The general rule: the landlord maintains the property

The landlord must carry out all repairs needed to keep the home habitable for its agreed use, and cannot raise the rent because of them (Art. 21.1).

The exception: damage that is attributable to the tenant. The article refers to Articles 1,563 and 1,564 of the Civil Code, which broadly make a tenant responsible for deterioration caused by their own fault or by members of their household.

There is also a logical limit: if the property is destroyed for reasons that are not the landlord's fault, the duty to repair ends (the lease terminates under Art. 28).

What the tenant pays: minor repairs

Section 4 sets the principle: small repairs caused by ordinary wear and tear are the tenant's responsibility.

The law does not provide a list, so the line is drawn by common sense, the lease and, in a dispute, the courts. As a general guide:

Grey areas: appliances, air conditioning, routine boiler servicing. Here the lease and the inventory signed at move-in carry a lot of weight, and each case is judged individually.

Beware of blanket clauses. A lease saying "the tenant covers all repairs" is not necessarily valid. The law says clauses that worsen the tenant's position compared with the rules of Title II (Art. 6), where this article sits, are void. Everything depends on the specific case, so ask before you sign or pay.

Major works: you put up with them, but get a discount

If a conservation work can't reasonably wait until the lease ends, the tenant must tolerate it, even if it is very disruptive or means losing use of part of the home (Art. 21.2). But if the works last more than twenty days, the rent must be reduced in proportion to the part of the property the tenant can't use.

If the works make the home completely uninhabitable, the tenant may suspend the lease (the term and rent payments are paused) or withdraw without compensation (Art. 26).

When it can't wait: two routes not to be confused

Route 1: urgent repairs (Art. 21.3)

If there is imminent damage or serious inconvenience (a burst pipe flooding the flat, no heating in midwinter), the tenant may arrange the repair after notifying the landlord and immediately demand the cost from them.

Route 2: the 15-day written procedure (Art. 21.5)

For damage affecting habitability, safety or health that is not so urgent, the law sets out these steps:

1. Tell the landlord as soon as possible (Art. 21.3) and let them inspect the property, themselves or through technicians.

2. Send a written request describing the necessary repair and attaching a reasonable quote.

3. The landlord has 15 calendar days from receipt to accept the quote, propose an alternative repair or carry it out themselves.

4. If they don't reply or unjustifiably refuse, the tenant may carry out the works and deduct the cost from future rent.

5. The cost must be reasonable, proportionate to the damage and documented (invoice, quote, photos).

Mistakes to avoid

• Withholding rent on your own initiative. The deduction is only legitimate if the procedure is followed. Unjustified non-payment could give the landlord grounds to terminate the lease (Art. 27.2.a).

• Only notifying by WhatsApp or verbally. Use a method that leaves a record: registered post (burofax) or the email address agreed in the lease. Keep photos, messages and invoices.

• Disproportionate quotes. If the cost isn't reasonable, it can be challenged. Getting more than one quote is good practice.

• Mixing up standard rentals with temporary rentals. For temporary housing leases (Art. 21 bis), the landlord also covers minor repairs and has a shorter deadline: five working days to respond.

What about insurance? Two policies, two roles

The law decides who must repair; insurance decides who may have the cost covered in certain incidents. They are separate questions.

• A landlord typically protects the building structure ("continente") and their liability with a policy designed for rented homes. See our home insurance for landlords.

• A tenant protects their belongings and their liability for damage caused to the property or to neighbours with tenant home insurance.

What exactly is covered (and with what limits or excesses) depends on each policy's terms, so it's worth checking before something goes wrong. If you're renting in Spain, you may also find these useful:

• Home insurance for penthouses and roof-terrace leaks in Murcia

• Spanish insurance terms glossary

A Murcia tip: autumn is leak season

Heavy autumn rain in the Region of Murcia often exposes problems in roofs, terraces and top-floor flats, and with them the arguments over who pays. If you live or rent on an upper floor, our guide on roof-terrace leaks is worth a read. And documenting the home's condition when you move in saves a lot of disputes when you leave.

How we can help

At AMB Seguros, the exclusive Allianz agency in central Murcia, we work with landlords and tenants, including many English-speaking residents, who want to know what their policy protects before a breakdown happens. Drop by our office or sort everything out from home by video call or WhatsApp. We'll review your situation with no obligation.

Renting, or renting out a home in Spain?

Tell us about your case through WhatsApp or our contact form, or visit us in the centre of Murcia. We'll help you review your insurance so you know what to do before the next problem.

This article is for information only and is not legal advice. For disputes about your own lease, consult a lawyer. Legal source: Ley 29/1994 on Urban Leases, consolidated text on the BOE (Spanish original; only the official publication has legal value).