Galicia Landlord-Tenant Laws: MAINTENANCE OBLIGATIONS

Maintenance obligations in Galicia are primarily governed by the Ley de Arrendamientos Urbanos (LAU), which came into effect on 1 January 1995. Under this framework, landlords are strictly required to perform all necessary repairs to preserve the dwelling in a habitable condition throughout the duration of the lease.

Landlord Maintenance Duties

Pursuant to Article 21.1 of the LAU, the landlord is obliged to carry out, without right to increase the rent, all repairs necessary to maintain the property in a habitable condition for the agreed use.

• Essential Services: This includes the maintenance of water, electricity, heating, and structural integrity.
• Necessary Preservation Repairs: If a preservation repair cannot be reasonably deferred until the end of the lease, the tenant is obliged to tolerate it. However, if the work lasts more than 20 days, the rent must be reduced in proportion to the part of the dwelling the tenant is deprived of (Art. 21.2 LAU).
• Improvement Works: Landlords may perform improvement works that cannot be deferred, provided they give three months' written notice. The tenant is entitled to a rent reduction for the duration they are deprived of any part of the dwelling, regardless of whether the work lasts more or less than 20 days (Art. 22 LAU).
• Tenant Notification: The tenant must notify the landlord of any needed repairs as soon as possible. Failure to notify may hold the tenant liable for subsequent damages.

Tenant Maintenance Duties

While the landlord handles major preservation works, the tenant also has specific obligations under Spanish law:

1. Minor Repairs: According to Article 21.4 of the LAU, repairs necessitated by ordinary wear and tear from the daily use of the dwelling are the responsibility of the tenant.
2. Malicious Damage: Any damage caused by the tenant, their family, or guests is the tenant's responsibility to rectify.
3. Urgent Repairs: If a repair is extremely urgent to avoid imminent damage or serious discomfort, the tenant may perform it themselves after notifying the landlord and demand immediate reimbursement (Art. 21.3 LAU).

Enforcement and Jurisdiction

Disputes regarding maintenance and habitability in Galicia are resolved in the Juzgado de Primera Instancia (Court of First Instance) of the judicial district where the property is located. Under the Ley de Enjuiciamiento Civil (LEC), tenants may file for a declaratory judgment to compel repairs or seek a rent reduction if the property’s habitability is compromised.