Commercial Maintenance Obligations in Cantabria: Landlord vs. Tenant Responsibilities

In the region of Cantabria, as in the rest of Spain, the maintenance of commercial premises (arrendamientos para uso distinto del de vivienda) is primarily governed by the principle of freedom of contract. Unlike residential leases, where the Ley de Arrendamientos Urbanos (LAU) provides strict protections, commercial parties are generally free to negotiate who bears the cost of repairs, renovations, 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 (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. 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)

The tenant is typically responsible for "small repairs" (pequeñas reparaciones) arising from daily use and ordinary wear and tear. 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).

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 written consent from the landlord before performing any works that affect the configuration of the premises or its stability.
2. Restoration Clause: Landlords often include a "make-good" clause requiring the tenant to restore the premises to its original condition 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.