Landlord or Tenant, who pays what?

Embarking on a rental journey in Spain?

Whether you're a landlord or a tenant, navigating the maze of who pays for what can be as crucial as it is confusing. Let's demystify this together!

In Spain, the mantra is “contract is king.” The specifics of your rental agreement ultimately dictate who pays for what. This means as a tenant, you should examine your contract with eagle eyes. Not every cost is outlined in these agreements, and while not every landlord is out to get you, knowing which expenses shouldn’t fall in your lap is vital.

For landlords, safeguarding your investment from careless tenants is equally important. Remember, negotiation and compromise should be the pillars of your tenant-landlord relationship, avoiding fiery debates over who pays what.

Now, let’s break down the general guidelines:

Utility Bills: Tenants, these are on you! Your usage of electricity, gas, water, and potentially internet (unless your contract says otherwise) means you’re the one footing these bills.

Rubbish Collection: This is a bit of a hot topic. In some Spanish towns, there’s a flat annual fee for waste collection. While consumer groups and property experts suggest landlords should pay this, some legal perspectives argue otherwise. The fee isn’t usually exorbitant, so weigh it up if it’s even worth a dispute.

Community Costs: Living in a complex with shared amenities like pools or gardens? The landlord typically covers these communal costs, often reflected in a slightly higher rent.

Property Tax (IBI): Generally, this is the landlord’s responsibility.

Insurance: Both parties should insure their own belongings for peace of mind against unforeseen incidents.

Repairs and Replacements: Major repairs or replacements (think washing machines, boilers, structural issues) are usually the landlord’s domain. Tenants, you’re on the hook for minor fixes and damages caused by your actions.

Wear and Tear: This gray area often leans in favor of landlords in disputes. Tenants, protect yourself by documenting the property’s condition when you move in.

Damp Issues: This tricky problem depends on its cause. Misuse by the tenant, construction flaws, or issues originating from neighbouring properties can shift responsibility.

Remember, laws and practices can vary, so it’s always wise to consult us here at SGM Abogados as we are the legal experts. Happy renting in Spain! 🏡🌞

More information can be found HERE