Cantabria Commercial Maintenance: Landlord vs. Tenant Duties

In the region of Cantabria, as in the rest of Spain, the maintenance of commercial premises (arrendamientos para uso distinto del de vivienda) is governed primarily by the will of the parties (Art. 4.3 LAU). Failing specific contractual agreements, Title III of the Ley de Arrendamientos Urbanos (LAU) applies, with the Civil Code serving as supplementary law. Unlike residential leases, commercial parties have broad freedom to negotiate who bears the cost of repairs and structural maintenance.

The Statutory Framework: Article 30 of the LAU

While the parties have significant leeway, Article 30 of the LAU makes Articles 21, 22, 23, and 26 of the same law (which govern residential maintenance) applicable by default to commercial leases unless the contract explicitly states otherwise.

Landlord’s Default Obligations (Repairs for Habitability)

Under Article 21.1 (applied via Art. 30), the landlord is responsible for all repairs necessary to keep the premises in a state suitable for the agreed-upon commercial use, without the right to increase the rent for these works. This includes:

• Structural Integrity: Roof repairs, foundation stabilization, and exterior walls.
• Essential Services: Maintaining the main plumbing, electrical rising mains, and sewage connections.
• Extraordinary Repairs: Major capital expenditure required due to the age of the building or unforeseen force majeure events.

Tenant’s Default Obligations (Ordinary Wear and Tear)

Under Article 21.4, the tenant is responsible for "small repairs" (pequeñas reparaciones) required due to ordinary wear and tear from the daily use of the premises. This often includes:

• Interior painting and floor maintenance.
• Lightbulb replacements and minor hardware fixes.
• Maintenance of specialized equipment installed for the business (HVAC servicing, specialized lighting).

Urgent Repairs and Reimbursement

Under Article 21.3, the tenant may carry out repairs that are urgent to avoid imminent harm or serious discomfort, provided they give prior notice to the landlord. While the tenant has the right to demand immediate reimbursement of the amount spent, they cannot unilaterally deduct these costs from rent payments. Spanish jurisprudence (STS 12/02/2015) establishes that such unilateral deduction (compensación de rentas) constitutes non-payment and is valid ground for eviction.

Common Commercial Practice in Spain (Triple-Net Structures)

In high-end commercial real estate in Cantabria (e.g., retail spaces in Santander’s city center or industrial units in the Besaya valley), it is common to use Triple-Net (NNN) or Modified Net lease structures. In these cases, the contract often transfers almost all maintenance and insurance obligations to the tenant, including property taxes (IBI) and community fees.

Fit-outs and Improvements (Obras de Mejora)

Commercial tenants frequently require significant fit-outs (obras de adecuación).

1. Consent Required: Under Article 23, tenants must obtain express written consent from the landlord before performing any works that modify the configuration of the premises or affect its stability or safety.
2. Consequences of Unauthorized Works: Unauthorized works allow the landlord to terminate the lease or demand the tenant restore the premises to its original condition.
3. Restoration Clause: Landlords often include a "make-good" clause requiring the tenant to restore the premises at the end of the term, unless the landlord chooses to keep the improvements without compensation.

How Landager Helps

Landager tracks your maintenance logs and stores digital copies of all Burofax notifications, ensuring you have the evidence needed for any potential dilapidations claims or lease exit negotiations in Cantabria.