Avoid problems at the end of the rental in your Spanish property

Tips on how to avoid problems with tenants when renting a property in Spain


When a lease ends and the tenant returns the property with damages and deterioration, discrepancies arise over who should assume its repair. Remember your rights as an owner and take some precautions.

Responsibility. The law imposes a series of obligations on the landlord and tenant when it comes to maintaining the home, which serve as the basis for possible claims at the end of the rental. Note. Take note of all of them and leave a record of the state in which the property is located in order to claim what corresponds to you.


Landlord and tenant duties.

It is the responsibility of the owner to maintain the dwelling in habitable conditions (which implies bearing the expenses derived from the supply facilities, such as plumbing or electricity) and assume the deterioration due to the mere fact of the passage of time, provided that there is a normal use to the property. Note. To these effects:

  • You could not demand to paint the house (if it is not expressly agreed) or claim scratches, scuffs and holes to hang pictures or shelves, since they are deterioration typical of the passage of time.


  • Likewise, in the event that the home is rented with electrical appliances, furniture or heating or air conditioning systems, for example, you can only demand their repair or replacement when the deterioration is due to misuse, but not when they have exhausted their useful life. 

Maintenance. The tenant must make the small repairs required by the wear and tear of the home (such as breaking a faucet, a blind or a lock, basic maintenance or ordinary cleaning of electrical appliances). Attention! It will also be liable for damages resulting from misuse (for example, the breaking of an awning due to having it open in the rain or wind), as well as damage caused by the people who live with it.

Special cases. In general, the tenant must return the home as received, without the need to "set up" for a new rental. Note. Of course, it will answer:

  • For the amount of the removal of furniture and belongings that belong to you and that have not been taken at the end of the contract.
  • For vandalism and intentional acts of any nature, even if he did not cause them himself.
  • For damage caused by using the home for purposes other than those agreed upon (for example, when establishing a plantation or using it for industrial purposes).


Cautions at the beginning and at the end

Inventory. Leave a record by contract of the state of the property, indicating already existing deterioration, and attach an inventory of all the furniture and belongings that are in the house. If possible, describe the brand and features of each (eg, leather 2-seater sofa, brand X). Note. Make a video or photo report and attach it to the contract.

Conditions. Specify in what state the property must be returned, especially with regard to cleaning, painting or changing the lock. Attention! A clause that requires something outside of what is provided by law to the detriment of the lessee will be null and void. Therefore, you can agree that the house be returned clean and freshly painted if it was delivered that way.

Delivery. Make a new report on the return of the flat and, if you can, go with witnesses. If there are serious damages, take a notarial certificate. Attention! Do not wait to check the state of the property –since in this case doubts about the responsibility of the tenant will arise– and indicate in the key delivery document that you reserve the right to inspect the property in depth.

"Specify by contract the state in which the property is located and the conditions in which it must be delivered. Attach a video or photographs of the home to be able to determine the existing deterioration at the end of the rental."

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