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Problems With Your Rental in Madrid: Repairs, Rent Rises and Eviction

Who pays which repairs, what to do about a rent rise the contract does not allow, how much notice applies at the end of a lease, and where Madrid tenants can get help.

Detailed view of a complex water meter setup embedded in a concrete wall.
Photo: Jan van der Wolf / Pexels

In Madrid, the landlord must pay for repairs needed to keep a rented flat habitable, while tenants pay small repairs caused by everyday wear. Since October 2026, if a landlord ignores a written repair request for 15 days, the tenant can do the work and deduct a reasonable cost from future rent. Evictions always need a court order.

Which repairs does the landlord pay?

Under article 21 of the Ley de Arrendamientos Urbanos (LAU), the landlord must carry out all repairs needed to keep the home fit for living, without raising the rent, unless the tenant caused the damage.

Usually the landlord Usually the tenant
Boiler or water heater breakdown from age Replacing light bulbs and fuses
Leaks from pipes inside walls Unblocking a sink you blocked
Faulty wiring, damp from the structure Small fittings worn by use: taps’ washers, handles
Appliances included in the contract that fail from normal use Damage caused by you or your guests

The contract can clarify some items, but it cannot shift the landlord’s legal duty to keep the flat habitable onto the tenant.

How do you get a landlord to fix something?

  1. Report the problem in writing as soon as possible, with photos. Allow the landlord or a technician to inspect.
  2. For urgent repairs that prevent imminent damage or serious discomfort, such as a burst pipe, you can have them done after telling the landlord and claim the cost straight away.
  3. For other damage affecting habitability, safety or health, send a written request with a reasonable quote. The landlord has 15 calendar days to accept it, propose an alternative or do the repair.
  4. If there is no answer or an unjustified refusal, you can carry out the work and deduct its documented, reasonable cost from future rent. This option was added by Real Decreto-ley 29/2026.

If works last more than 20 days and you lose use of part of the flat, the rent must be reduced in proportion.

Can the landlord raise the rent?

Only once a year, on the contract anniversary, and only if the contract contains an update clause. The rise cannot exceed INE’s IRAV rental index. Until December 31, 2027, a rise without your agreement is capped at 2%, and no rise is allowed if your rent is above the state reference price for your flat. The landlord must notify the percentage in writing. A rise outside these rules is not payable; reply in writing, pay the previous rent and keep proof of payment.

Our guide to how renting works in Madrid explains the update rules in more detail.

How much notice applies when a lease ends?

  • Tenant leaving early: after six months, 30 days’ written notice, with no compensation owed under the current law.
  • End of the minimum period (5 or 7 years): the landlord must give at least four months’ notice not to renew; the tenant two months. Otherwise the lease extends for up to three more years.
  • Landlord needing the flat: only if it was stated in the contract, after the first year, for the landlord or close family, with at least two months’ notice.
  • Extraordinary extension: tenants of main-home leases whose compulsory period ends before December 31, 2028 can ask for up to two extra years if they are up to date with rent, under conditions set by the October 2026 decree.

A landlord cannot change the locks, cut utilities or remove belongings to force you out. Eviction requires a court ruling, and courts can suspend it for vulnerable households without alternative housing until December 31, 2030, under the same decree.

Where can Madrid tenants complain or get advice?

  • Consumer offices (OMIC): the city’s municipal consumer information offices handle complaints when the landlord or agency acts as a business, for example over agency fees.
  • Arbitration: the Comunidad de Madrid’s Consejo Arbitral para el Alquiler resolves landlord-tenant disputes if your contract includes an arbitration clause. Consumer arbitration through the Junta Arbitral de Consumo applies to businesses that accept it.
  • Deposit checks: the Agencia de Vivienda Social can confirm whether your deposit was lodged. See rental deposits in Madrid.
  • Free legal guidance: the Madrid Bar Association runs a legal orientation service, and people with low income can apply for free legal aid (justicia gratuita).
  • Tenant associations: groups such as the Sindicato de Inquilinas de Madrid offer collective advice to members.

Bottom line

Put every request in writing and keep proof it was received. For anything that may end in court, a burofax from Correos with certified text is the safest format, and since April 2025 most civil claims must show you tried to settle first. For a serious dispute, check with a lawyer before you stop paying any rent.

FAQ

Can I stop paying rent until repairs are done?

Not on your own decision. Withholding rent can lead to an eviction claim for non-payment. Use the written 15-day repair procedure and deduct only the documented cost of the work.

Who pays when the washing machine breaks?

If it came with the flat and failed from normal use, the landlord. If you damaged it, you do.

What if the landlord sells the flat?

A sale does not end your lease. The buyer takes over as landlord and must respect the contract for its legal minimum duration.

Can my landlord enter the flat without permission?

No. The flat is your home while you rent it. Inspections and repairs need your agreement on a date and time.