Top 5 landlord-tenant issues – and how to avoid them

Renting out property is still a practical way to make the most of real estate assets. However, anyone with experience in the sector knows that being a landlord involves far more than simply collecting rent each month.

Disputes with tenants, missed payments, property damage and complaints from neighbours can arise at any time. That’s why it’s essential to understand your rights and responsibilities – and, most importantly, the solutions available to you.

In this article, we’ll explore the most common issues between landlords and tenants, explain what the law says and outline the steps you can take to prevent or resolve conflicts effectively.

The tenant does not pay the rent

Article 17 of the Urban Lease Law (LAU, by its acronym in Spanish) is clear: rent must be paid within the agreed timeframe – or, if unspecified, within the first seven days of the month. Failure to do so may give rise to a legal claim, so it is crucial to follow the appropriate legal procedures.

1. Complain in writing: Ideally, send a recorded delivery letter to serve as formal proof. In some cases, a simple written reminder may be enough.
2. Negotiate before suing: Organic Law 1/2025 on measures for the efficiency of the Public Justice Service establishes the obligation to attempt an out-of-court settlement through an Appropriate Dispute Resolution before filing an eviction claim.
3. Legal proceedings: If there is no response, the landlord may initiate eviction proceedings for non-payment, both to recover the property and to claim the outstanding rent.

Is it advisable to take out tenant default insurance?

Absolutely. This type of insurance not only covers rent in case of non-payment, but also legal fees, eviction and, in many cases, damages. Remember that each policy varies, and you should review it carefully.

Noise, parties and other disturbances: what to do if your tenant is bothering the neighbours

Living harmoniously in a shared building requires a delicate balance. When a tenant causes noise, unpleasant odours or other disturbances, complaints from neighbours often follow swiftly. Article 7.2 of Law 49/1960, of July 21, on horizontal property, expressly prohibits annoying, unhealthy or hazardous activities. If your tenant engages in such behaviour, you cannot simply turn a blind eye.

The law allows the association of property owners to demand corrective action in cases of repeated disruption, and as the property owner, you are legally obliged to cooperate. Ignoring the issue could result in legal proceedings against you. It may not seem fair, but it's part and parcel of being a landlord: responsibility doesn't end with signing the lease.

To avoid future complications, you should include a clause in the tenancy agreement requiring the tenant to respect the block's rules and respond appropriately to any complaints. As the landlord, your role is to act as a firm mediator, not a passive observer.

What steps should you take if you suspect illegal activities?

First and foremost: do not take matters into your own hands. Discreetly document any suspicions and report them to the police. If the facts are confirmed, you may begin proceedings to terminate the tenancy, as provided for under Article 27.2.e) of the Urban Lease Act (LAU), which covers annoying, unhealthy, harmful, dangerous or illegal activities.

Common areas and community conflicts: What happens if a tenant leaves things in the hallway?

A bicycle in the hallway, a bin bag left by the door, or shoes on the doormat – it may seem like minor everyday habits, but in many residential communities, they can quickly lead to tension. Article 9 of the Horizontal Property Law, along with Article 396 of the Civil Code, states that communal areas must be respected and not be used as makeshift storage or to block access.

If the tenant disregards this, the landlord may find themselves drawn into the dispute, even if they are not directly responsible. For this reason, it’s wise to set out these expectations clearly in the tenancy agreement and, if needed, step in to resolve the issue.

Damage and repairs: who should pay?

The paint is peeling, a blind breaks or the tap starts leaking – should the tenant cover the cost, or is it the landlord’s responsibility?

Article 21 of the Urban Lease Act (LAU) states that the landlord is responsible for keeping the property in a habitable condition, while the tenant is liable for any damage caused by misuse or negligence. Ideally, a detailed inventory should be signed at the start of the tenancy, with photographs and supporting documents included as evidence.

Unauthorised subleases and squatting: how to protect your home

It’s more common than you might think: a tenant sublets a room, or someone moves into the property without a contract or the landlord’s permission. So, what can you do in these situations?

If you haven’t given written consent, you’re entitled to request termination of the tenancy for breach of contract. Article 8 of the Urban Lease Act makes this clear. Even if the subletting involves a family member or appears harmless, doing so without your approval is sufficient grounds to end the agreement.

10 legal tips every landlord should follow to sleep soundly

Owning a rental property isn’t overly complicated, but it does demand organisation and a clear sense of responsibility. By putting these tips into practice, you can avoid unnecessary disputes, stress and financial setbacks. What may seem like a small detail today could protect you in the future. Taking a proactive legal approach gives you greater control from day one.

1. Communicate in writing and keep copies of everything: When needed, send a recorded delivery letter with proof of receipt. It’s inexpensive, straightforward to send and can serve as evidence in court if a dispute arises. Don’t rely on WhatsApp, while it’s convenient for day-to-day communication, it doesn’t carry the same legal weight.
2. A good contract is your best insurance: Forget about generic templates from the internet. Draft it carefully (or with professional help) and include specific clauses.
3. Take photos before handing over the keys and have the tenant sign them: A photographic inventory is essential if there is damage, damp or furniture "disappears" at the end of the lease. Include images of each room and appliance, list the items in an inventory and sign it with the tenant on every page.
4. Deposit and additional guarantee: You must deposit the tenancy bond with the relevant authority in your autonomous community within one month. Failure to do so can result in fines and complications at the end of the tenancy, particularly if disputes arise. You may also request an additional guarantee; however, for a primary residence, this cannot exceed two months’ rent, as set out in Article 36.5 of the LAU and applicable regional legislation.
5. Guarantee or tenant default insurance: Ideally, you’ll never need to use it, but if you do, you’ll be glad it’s there. You can request a bank guarantee covering between three and six months’ rent, or take out tenant default insurance, which not only covers unpaid rent but also legal expenses if the matter goes to court. Choose the option that suits you best – but whatever you do, don’t leave yourself without a safety net.
6. If the tenant fails to pay, don't wait and see what happens: The sooner you take action, the better your chances of regaining control. Start by sending a recorded delivery letter demanding payment. If there’s no response (and the tenant ignores any offer of settlement or mediation), proceed with eviction proceedings for non-payment. The tenant may still choose to pay before the trial to avoid eviction, a process known as "enervation of eviction," as regulated by Article 22.4 of the Civil Procedure Code.
7. Anticipate neighbour complaints and set rules from the start: Include a clause in the contract such as: "The tenant agrees to respect the community's internal regulations and to cease any disruptive behaviour within 48 hours of a request." Prevention is always better than having to mediate between frustrated neighbours.
8. Attend meetings: Many owners ignore the community's involvement when they rent their property out, but are later surprised to find out about an unexpected contribution or a decision that affects them. If you can't attend, delegating your vote is simple: just sign a personal statement. Being up-to-date on what's happening in the building can save you a lot of trouble.
9. Keep all documentation: Many claims expire after five years (Article 1964 of the Civil Code), so keep all contracts and attachments, payment receipts, communications (certified faxes, emails) and photographs of the home's condition for that time. Keeping everything organised is your best ally when things go wrong.
10. Know when you need to act by: For example, from its adoption, you have three months to challenge a community agreement, unless it is contrary to the law or the statutes, in which case the deadline is extended to one year (Article 18.3 of the LPH).