The high prices currently found in the rental housing market and the constant conflicts between tenants and landlords over issues such as the payment of management expenses or terminations of the contract Early protests have led to stronger protections for tenants. To this end, the Government approved royal decree-laws 28/2026 and 29/2026, which include new measures such as the imposition of compensation in the event of non-compliance with the extension of the contract.
One of the issues that generates the most problems in the economy of tenants is having to face some extra payments included with the home, such as community fees, taxes or even the property management commission. However, what few know is that some of These charges cannot be passed on to the tenant. and others must be previously addressed in the contract so that the landlord can demand them.
To resolve this type of doubt, Law 29/1994, of November 24, on Urban Leases, better known as LAU, includes all the cases in which a tenant must bear the costs and when it is the owner who must settle them, without the possibility of demanding them from the landlord. Specifically, they appear arranged in the article 20, relating to general and individual service expenses.
The tenant will not have to pay the community fee or the IBI
According to what is established, it is the owner who must be paid all the general expenses for the maintenance of the property. This means that you must generally settle payments to the community of owners, the Real Estate Tax (IBI) and other types of local taxes, such as garbage taxes. However, article 20 of the LAU opens the possibility that these charges may be the responsibility of the tenant. if they have previously agreed and it is reflected in the contract for rent.
This document must include in writing the total annual sum that must be used to pay the charges, as well as what these charges will be. Likewise, according to article 20.1, “in no case may the taxes associated with the home be imposed on the tenant party, except in cases in which said party has the condition of being obligated as a tribute” and that agreement relating to taxes cannot affect the Administration.
You will also not be obliged to pay the insurance or real estate expenses.
Another of the most common issues regarding this problem is the payment of home insurance. By law, Neither party is obligated to contract these types of services.. In the case of the owner, he may be required to have a policy for the physical structure of the home. In addition, it is usually common to pay a civil liability policy for damages that may be generated on the continent itself and insurance against non-payment of rent.
For their part, the tenant may decide to take out insurance to protect the contents of the home, that is, their personal belongings; and civil liability to cover damages due to negligence that occur during your stay. However, the owner cannot legally force you to pay the cost of the mainland insurance or non-payment of housing, since these are your responsibility.
The tenant nor may he be forced to pay the real estate commission nor the costs of formalizing the contract, in case it is going to be your habitual residence. Article 20.2 establishes that these types of charges “may not be passed on to the lessee, either directly or indirectly, under any concept or name.” This provision includes any payment relating to “the preparation, formalization, management, novation or renewal of the lease contract.”