Who pays for repairs in a rental property in Spain? Landlord vs Tenant Guide (2026 Update)

It is the most common dispute in the rental world. The washing machine stops working, a window blind gets stuck, or the air conditioning stops cooling. The immediate question is: Who pays for this?

If you own a property in Nerja or the Costa del Sol, or if you are living here as an expat, understanding the Spanish regulations is vital to avoid conflicts (and unexpected costs). At Narixa Villas, we manage dozens of properties, and we solve these doubts daily.

In this guide, we break down the Ley de Arrendamientos Urbanos (LAU) to clarify exactly what the landlord must pay and what falls to the tenant.

The Golden Rule of Spanish Law:
Generally speaking, the landlord pays for repairs necessary to keep the home habitable.
The tenant pays for small repairs derived from daily use and damage caused by misuse.

1. What the Landlord Must Pay (Habitability)

According to Article 21 of the LAU, the owner is responsible for all repairs necessary to keep the dwelling in a "habitable condition," without raising the rent.

Common examples of Landlord responsibilities:

• Structural issues: Damp patches caused by pipes or roof leaks, cracks in walls, or foundation problems.
• Essential installations: If the air conditioning unit or the water heater breaks due to age (not misuse), the electrical wiring fails, or the plumbing bursts.
• Appliance replacement (Old Age): If the washing machine is 10 years old and the motor dies simply because it's old, the landlord must replace or repair it.

Exception: The landlord does NOT pay if the damage was caused intentionally or negligently by the tenant.

2. What the Tenant Must Pay (Small Repairs & Misuse)

The law states that "small repairs required by the wear and tear of ordinary use" are the tenant's responsibility. But what is a "small repair"?

In Spanish courts, this is usually interpreted as costs under €150 - €200 (though this depends on the specific contract) or simple maintenance.

Common examples of Tenant responsibilities:

• Consumables: Light bulbs, cleaning the AC filters, batteries for the remote control.
• Minor breakage: A broken toilet seat, a cracked window pane (from slamming it), or a stuck blind strap.
• Misuse: If a drain is blocked because you poured oil or flushed wipes down it, you pay for the plumber.
• Changing locks: As we discussed in our popular article about changing locks in rental properties, if you lose the keys or want extra security, this cost is usually on you.

3. The Grey Areas: The Washing Machine Dilemma

This is the classic argument. The washing machine stops spinning. Who pays?

Here, the technician's report is king.

• If the technician says: "The electronic board burned out due to age," the Landlord pays.
• If the technician says: "A coin was left in a pocket and broke the drum," or "The filter is clogged with lint," the Tenant pays.

4. How to Avoid Arguments (and Headaches)

Disputes over €50 repairs can ruin a landlord-tenant relationship. Here is our expert advice for property owners in Nerja:

1. Detailed Inventory: Take photos of everything before the tenant moves in.
2. The "Small Repair" Clause: Specify in the contract a monetary limit (e.g., repairs under €150 are paid by the tenant).
3. Hire a Property Manager: This is the most effective solution.

Stop Worrying About Broken AC Units

Do you own a villa or apartment in Nerja? Do you dread receiving a call in the middle of August saying the air conditioning isn't working?

At Narixa Villas, we act as the buffer between you and the tenant. Our Property Management Service includes:

• Handling maintenance calls (even in summer heatwaves).
• Vetting tenants to ensure they treat your home well.
• Network of trusted technicians in Nerja with fair prices.

Don't let a leaky tap spoil your peace of mind.