Tenant rights and obligations: the essentials, plainly
What the law protects and what is on you: repairs, works, landlord visits and the end of the tenancy, without the legal jargon.
The relationship between tenant and landlord goes much better when both know what falls to them. This is the essential split in a primary-residence tenancy in Spain, told plainly.
Your rights as a tenant
- Security of tenure: the right to extend the contract up to five years (seven if the landlord is a legal entity), even if the paperwork says less.
- Privacy: the landlord cannot enter the property without your consent, even though they own it. Visits are agreed.
- Necessary repairs: whatever is needed to keep the property habitable (a dying boiler, structural damp, the electrical installation) is the landlord responsibility.
- Getting your deposit back at the end of the tenancy, with deductions only for real damage beyond normal wear and tear.
Your obligations
- Paying the rent on time — non-payment is the main cause of eviction and of losing every right listed above.
- Small repairs from everyday wear (a hinge, a dripping tap) are on you.
- Reporting significant faults early: waiting months turns a small problem for the landlord into a large one that can end up splashing back on you.
- Not carrying out works without written permission, nor subletting without consent.
When the tenancy ends
Hand the property back as you received it (this is where the photo inventory is worth its weight in gold again), return all the keys and request the deposit back in writing. Normal wear — a wall that needs repainting after years of use — is not chargeable damage.
General information, not legal advice. For a specific case, consult a professional or the public housing or consumer services in your region.
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