Landlord and Tenant: Everything You Need to Know About Their Rights and Obligations

When renting a property and signing a lease agreement, it is essential to understand the differences and responsibilities of both the landlord and the tenant. These two roles have very different functions and obligations, and knowing them can help avoid conflicts and misunderstandings.

Below, we break down all the essential aspects you need to know if you are thinking about renting out your property or becoming a tenant—from contract requirements to maintenance responsibilities and who is responsible for what.

1. Who Is the Landlord and Who Is the Tenant?

The Landlord

The landlord is the individual, company, or entity that owns and/or holds possession of a property and grants its use to a third party in exchange for rent.

The Tenant

The tenant, on the other hand, is the individual, company, or entity that receives the right to use the property in exchange for a periodic payment—usually monthly—known as rent. The tenant is commonly referred to as the “renter.”

The fundamental difference between the two roles is that the landlord grants the right of use, while the tenant acquires it for the agreed period. Both parties must comply with a contract that sets out the rules of the relationship and ensures the protection of each party’s rights.

2. Rights and Obligations of Landlords and Tenants

In Spain, the rights and obligations of both landlords and tenants are regulated by the Urban Leases Act (LAU). Nevertheless, when renting a property, a lease agreement must be signed clearly stating the rights and obligations of both parties.

Landlord’s Obligations

• Maintain the property in good condition: The landlord must ensure the property is in suitable condition for use. This includes carrying out necessary repairs, such as plumbing or electrical issues, provided they are not caused by misuse by the tenant.
  
  
• Respect the tenant’s privacy: The landlord may not enter the property without the tenant’s consent, except in emergency situations.
  
  

Tenant’s Obligations

• Payment of rent and expenses: The tenant must pay the agreed rent within the timeframe specified in the contract, usually on a monthly basis. Unless otherwise agreed, the tenant is also responsible for utility costs such as water, electricity, and gas.
  
  
• Care of the property: The tenant is required to keep the property in good condition and carry out minor repairs resulting from normal use.
  
  
• Respect community rules: The tenant must strictly comply with the rules of the homeowners’ association.
  
  

3. Lease Agreement: Key Aspects and Clauses to Consider

The lease agreement is a legal document that sets out all the details of the rental. There are three essential elements it must include:

• Contract duration
  
  
• Rent amount
  
  
• Security deposit and guarantees
  
  

It is also important to consider specific clauses, such as the right to sublet.

Right to Sublet

It is important to understand that subletting a property, in whole or in part, is completely legal and permitted by law, provided the landlord’s authorization is obtained.

Many people are still unaware of this, but subletting has become highly professionalized in recent years thanks to specialized rent-to-rent companies such as helpHousing, which offer additional guarantees to property owners, providing greater security and peace of mind.

What Happens When the Contract Ends?

When the contract reaches the end of the agreed term, it may be renewed if both parties agree under the same terms and conditions, or the landlord may request that the tenant vacate the property.

It is important to consult the minimum terms established by the Urban Leases Act (LAU) to ensure that the contract and its conditions comply with the law.

4. Repairs and Maintenance in a Lease Agreement

One of the most conflict-prone aspects of renting a property is maintenance.

Which Repairs Are the Landlord’s Responsibility?

The landlord is obliged to carry out all repairs necessary to ensure the agreed use of the property (in the case of housing, those affecting habitability), such as dampness, leaks, plumbing issues, or electrical system problems—provided they are not caused by improper use of the property.

Which Repairs Are the Tenant’s Responsibility?

The tenant must take care of minor repairs resulting from daily and ordinary use, such as replacing light bulbs or fixing a dripping tap. The tenant must also notify the landlord as soon as they detect any issue that requires repair to prevent it from becoming a larger problem.

Common Cases

• Who pays for a broken tap? If the damage is due to normal wear and tear, it is the landlord’s responsibility. If caused by misuse, it is the tenant’s responsibility.
  
  
• Who must paint the property? Generally, painting is the landlord’s responsibility, as it is considered maintenance, unless the contract states otherwise or the damage is due to misuse.
  
  
• Who repairs the flooring? Normal wear and tear of the flooring is the landlord’s responsibility.
  
  
• Who pays for broken furniture? The tenant is responsible for maintaining the furniture in the property.
  
  

5. Additional Expenses and Taxes

Utilities (water, electricity, gas):

These costs depend on the tenant’s consumption and are usually paid by the tenant. Utility contracts are typically in the tenant’s name so the supplier can charge them directly.

IBI (Property Tax):

Although some contracts pass this cost on to the tenant, the IBI is a tax levied directly on the property and is therefore usually the responsibility of the property owner or landlord. Both parties should clarify this before signing the contract.

Community fees and special assessments:

Community fees and extraordinary assessments are generally the responsibility of the landlord or property owner.

Waste collection tax:

In some regions, there is a tax for waste collection. This tax is usually charged to the tenant, as they are the user of the service.

6. Profile of the Landlord and Tenant

Who can be a landlord?

Any individual or legal entity that owns a property, as well as anyone who, without being the owner, has the legal right to sublet it.

Who can be a tenant?

Any individual or legal entity.

What Is Expected of the Ideal Tenant?

The ideal tenant is one who meets their obligations on time, respects coexistence rules, and takes care of the property as if it were their own. Characteristics of a good tenant include:

• Timely rent payment
  
  
• Financial solvency
  
  
• Proper care of the property to avoid deterioration
  
  
• Long-term contracts to avoid frequent tenant turnover
  
  
• Carrying out minor maintenance repairs
  
  
• Promptly informing the landlord of any issues
  
  

Finding the ideal tenant allows for a secure and worry-free rental.

7. How to Avoid Common Rental Problems

There is no secret: to avoid issues between landlords and tenants, it is essential to have a clear contract covering all relevant aspects and to maintain good communication between both parties. This helps prevent most potential conflicts.

Understanding the differences between landlord and tenant, as well as their respective responsibilities and obligations, is key to maintaining a healthy rental relationship.