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If you have a country property, townhouse or apartment in Spain, and wish to use it to provide a rental income or alternatively you wish to rent a property either long term or for holidays and you wish to know for which expenses you are liable we would like to take this opportunity to clarify what each party would have to pay.

It is important to know what the legislation stipulates. According to the Law of Urban Leases, the owner of the leased house is obliged to make those arrangements that are necessary to keep the house in "habitable condition".

The property owner must :

  • Repair or replace everything that has to do with the structural and essential elements of the house.
  • Repair, renovate or replace water and drainage facilities.
  • Maintain and preserve the roof, walls, floor and also the fireplace ( if there is one)
  • Solve any problems related to the electrical installation.
  • Replace or repair water heating or central heating  should it malfunction.

On the other hand, there are certain things that with the course of everyday life deteriorate or break down and in all cases are solely the responsibility of the tenant. With the contract of rent of the house, the tenant takes on the following liabilities:

  • Any damage or breakage which derives from misusage.  
  • Small repairs - those that have a cost less than 150 euros - that are derived from the wear and tear and daily usage of the house.

At the beginning of a lease the tenant must pay a security deposit to cover in case the tenant inflicts damage to the property during his stay in the same or breaches the contractual agreement.

If there is no significant damage to the property at completion of the rental period, the landlord must return this deposit to the tenant within a period of no more than 15 days, after the day the house is vacated.

Sometimes it is very difficult to determine the defining line, but with common sense and good understanding both parties (tenant and landlord)  can and try to reach an understanding that will benefit both parties.

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