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RENTING

Tenant or landlord: Who pays which costs in Spain?

Whether you’re a landlord or a renter, knowing which costs you’re responsible for is essential before signing a rental contract or when unexpected expenses arise.

Published: 15 February 2021 19:14 CET
Updated: 22 November 2023 15:25 CET
Tenant or landlord: Who pays which costs in Spain?
Find out which costs tenants and landlords are responsible for in Spain. Photo: Michal Jarmoluk/Pixabay

Even though Spanish consumer groups and property experts generally agree over what constitutes a cost for the arrendatario (tenant) or the casero/arrendador (landlord), contract is king in Spain.

So if your contrato states that you’re responsible for paying a certain expense, then that’s what’s legally binding.

If you’re a tenant that means going over your rental contract with a fine-tooth comb. Not every property-related cost is included in rental contracts in Spain and not every landlord is trying to take you for a ride. But you should at least be able to recognise the costs you should not be paying for before signing on the dotted line.

And if you’re a landlord, it’s just as important to get the necessary protection from potentially irresponsible tenants who don’t take care of your property.

What is vital is that both sides negotiate and reach a compromise without it turning into a heated argument. These are the general standards for who pays what in tenant-landlord scenarios in Spain.

General bills

Electricity, gas and water are expenses that the tenant is responsible for as they are the ones making use of these services and it’s their consumption that influences the final cost. This includes internet bills unless otherwise stated in the contract.

Rubbish

Some town halls in Spain charge residents a flat annual fee for their rubbish collection (recogida de basura/residuos).

Spanish consumer watchdog OCU and property portal Idealista say that this is a cost that the landlord is responsible for paying, partly because it’s a fixed fee.

But some Spanish law firms argue that if tenants are the passive recipients of this public service then they should be footing the bill.

Either way, in most cases the fee is €50 to €100 so ask yourself if it’s really worthing fighting over it. An easy solution could also be to ask at your town hall who they deem responsible for paying.

Community costs

If the property is in a complex with communal spaces such as gardens and swimming pools then gastos de comunidad can easily amount to €100 a month.

The general consensus is that the landlord handles this cost even though it’s technically the tenant who enjoys them (it’s easier to simply raise the rental price to account for these extra perks that come with the property).

IBI property tax

Spain’s version of the council tax is in the vast majority of cases paid by the owner.

READ MORE:

Insurance

Logically, each party is responsible for insuring their own belongings if they want to get reimbursed in the event of a burglary, fire or other incident.

Photo: Fran1/Pixabay

Repairs and replacements

If the washing machine, boiler, floor, walls or another important element of the property stops working or is damaged it’s the landlord who has to pay, unless it’s a small fix or he or she can prove the breakdown was caused directly by the tenant.

Those two exceptions pretty much explain what the tenant has to pay – minor replacements like changing a lightbulb or repairs caused by their own clumsiness.

Wear and tear, or deterioro por uso in Spanish, is always a grey area on rental contracts.

You can read more about it in article 21.4 of the LAU (Spain’s Rental Law) but there’s still room for interpretation over what constitutes ‘small fixes’.

In most cases, Spanish law tends to favour landlords in wear-and-tear cases so one of the best ways a tenant can protect themselves is to make a photo-based inventory of all the small imperfections their let has as soon as they move in and to share it with the landlord.

That will serve as evidence and will help in cases when the broken item was already in partial disrepair before they moved in.

It may also be advisable to add a clause in the contract which illustrates what constitutes a small repair.

READ MORE: What’s the law on wear and tear when renting in Spain?

Damp

Is it due to the tenant’s misuse or is it caused by a construction problem that the building community has to handle? Or are both sides responsible in their own way?

This will determine who is liable to pay for any water damage or damp that the property may develop.

If the problem started in another property then there are two other parties that could be potentially responsible for footing the repair bill.

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LEGAL HELP

Noisy local fiestas: What to do when your Spanish town hall is responsible

Town and city fiestas are commonplace in Spain and they’re part of what made many of us fall in love with the country in the first place, but sometimes the town hall can overstep and the noise pollution just gets too much to bear for neighbours.

Published: 22 May 2024 09:35 CEST
Noisy local fiestas: What to do when your Spanish town hall is responsible

It’s bad enough in Spain when you have to deal with noisy neighbours or loud bars and clubs, but what about when the culprit is your ayuntamiento (town hall) or city council?

If you want to know what your rights are on noise from construction, find out here, what to do about noisy neighbours here and about bars and clubs here. 

During these local fiestas (every city, town and village has at least one a year), councils set up concert and performance venues form of open-air stages or tents called casetas or carpas.

In these cases, there’s often no sound insulation and the noise carries much further as everything happens outside.

Even though these festivals may only go one for a week or two, they can often disturb residents who aren’t in attendance and are trying to sleep.

You could be someone who needs extra sleep like a doctor, nurse or firefighter, you may be ill or have small children, there are many reasons why you might not be able or want to join in. Even if you are in the minority, your rights should still be respected.

In fact, in places such as Barcelona, when the local Gràcia festival takes place, there’s so much noise created by neighbourhood organisers that some people even decide to leave their apartments for the week as they know they won’t be able to sleep.

This option is of course not open to everyone, and in truth, you shouldn’t have to leave your home temporarily because of a celebration that is supposed to bring joy to the local population.

So, what can you legally do and what are your rights?

Even city and town councils must continue to comply with municipal by-laws during local fiestas. The Spanish Civil Code guarantees that you should have respect in your own home.

Law 40/2015, of October 1st, on the Legal Regime of the Public Sector, which came into force in October 2016, establishes that “Public Administrations objectively serve the general interests and act in accordance with the principles of effectiveness, hierarchy, decentralisation and coordination, with full submission to the Constitution and the Law”. 

This means that even the authorities must uphold the law and serve their people. They have a public responsibility to manage and to do it to the best of their abilities.

The first thing to keep in mind is that you stand a much better chance of getting your council to listen if you find other people who are affected too, so it’s not just you complaining on your own.

Make sure to talk to your neighbours or others living on the same street to find out if they’re also affected by the noise and form a group of people who share your grievances.

In theory, councils and ayuntamientos are in charge of enforcing celebration schedules, making sure the volume of music isn’t too loud, controlling the capacity at venues and enforcing alcohol laws so that people are not drinking on the street (if it’s not allowed in that region).

READ ALSO – FACT CHECK: No, Spain’s Balearics haven’t banned tourists from drinking alcohol

According to Law 7/2002 on protection against noise pollution, these are the maximum sound levels allowed for leisure venues:

Nightclubs: 104 decibels

Venues with musical entertainment: 90 decibels

Game rooms: 85 decibels

Bars and restaurants: 80 decibels

Find out if the festival events and activities infringe on any of these rules and regulations above and if they do then you have a case to take to your town hall.

Technically, the festivals should take place at a local fairground or somewhere away from the main residential area, but we know that this is not always the case. The concerts and events often happen in the very streets and squares where people live.

Firstly, you need to contact your ayuntamiento or local council or explain the problem. It’s best if you put it in writing so there’s a record of what you’ve said.

Try to include as much evidence as possible as to how the festivals are breaking the rules and include testimonials from as many neighbours as you can.

Organisers may not listen to you the first time, but if you keep contacting them, they will be forced to listen and have to respond.

If the situation is the same every year and they still don’t change anything, then you and your neighbours should contact a lawyer to represent you and take the matter to court.

This has actually been done several times by different communities throughout the country and in many instances, the law has sided with the people instead of the authorities.

In 2017, the Superior Court of Justice of Navarra, sided with a community of owners in Mutilva Baja when they complained about noise coming from an outdoor tent which had been erected for the festivities of the local patron saint. They claimed it was noise pollution above the legal levels and said the council had done nothing to try and reduce it.  

In another case in Getafe, thanks to a neighbourhood protest led by a lawyer specialising in noise pollution called Ricardo Ayala, the carnival celebrations were moved to the fairgrounds on the outskirts of the city.

Again in 2022, in Castilla-La Mancha, the Supreme Justice Tribunal imposed a sentence on the the Puerto Lápice City Council due to damages derived from noise pollution from musical events held in the town square.

The celebrations were not forced to be stopped completely but the council did have to agree with a limitation on hours and noise levels specifically for the concerts held in tents outside. It did not affect any other part of the festival.

Therefore, it is possible to take legal action against your ayuntamiento if they are breaking the law, but there’s no guarantee it will be a straightforward process.

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