Extremadura Commercial Landlord-Tenant Laws: MAINTENANCE OBLIGATIONS

Maintenance obligations for commercial properties in Extremadura are primarily governed by Title III of the Spanish Urban Leases Act (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos), which came into effect on 1 January 1995. While commercial leases enjoy a high degree of freedom of contract, statutory defaults apply where the lease is silent.

Statutory Maintenance Framework

Under Article 30 of the LAU, the provisions of Article 21 regarding conservation and repairs are applicable to leases for "use other than housing" (commercial leases).

Landlord Conservation Obligations (Art. 21.1)

The landlord is legally required to perform all repairs necessary to maintain the premises in a condition suitable for the agreed commercial use. This obligation exists without the right to increase the rent, except in cases where the damage is attributable to the tenant or the property has been destroyed.

Tenant Responsibilities (Art. 21.4)

While the landlord handles major repairs and structural integrity, the tenant is responsible for:

• Small Repairs: Repairs required due to normal daily wear and tear.
• Malicious Damage: Any damage caused by the tenant, their employees, or customers.
• Urgent Repairs: The tenant must notify the landlord as soon as possible regarding the need for necessary repairs and must allow the landlord (or technicians) access to the property to perform them.

Urgent Repairs and Tenant Rights

If a repair is urgent and cannot be delayed until the end of the lease, the tenant must tolerate the works even if they are very annoying or deprive the tenant of a portion of the premises.

However, if the work lasts more than 20 days, the rent must be reduced in proportion to the part of the property the tenant is unable to use (Art. 21.2).

Jurisdictional Compliance

Disputes regarding maintenance obligations in Extremadura are subject to the jurisdiction of the Civil Courts (Juzgados de Primera Instancia) of the judicial district where the commercial property is located. Parties may also agree to submit to arbitration (Arbitraje de Consumo or private commercial arbitration) to resolve technical maintenance disputes more quickly.