Landlord and tenant: differences and obligations in a rental

What role does each party play in a residential tenancy

In a residential tenancy agreement, the positions of the **landlord** and the **tenant** are not equivalent, although both parties have duties and rights. The landlord is the one who grants use of the property; the tenant is the one who occupies it and pays the rent. This distinction, which may seem obvious, is important because it determines who assumes each obligation in the day-to-day running of the tenancy.

As at the date this content was checked, 2 November 2026, the basic reference for distinguishing these roles remains the **Urban Tenancies Act**. The law regulates both residential tenancies and non-residential use, and in residential contracts it imposes limits that cannot worsen the tenant’s position where the statute itself prohibits this. As the law states, clauses that harm the tenant in matters protected by the relevant title are void: [«Son nulas, y se tendrán por no puestas, las estipulaciones que modifiquen en perjuicio del arrendatario [...] las normas del presente Título»]().

Main obligations of the landlord

The landlord does more than collect the rent. Their role includes keeping the property in the agreed condition for use and respecting the peaceful enjoyment of the tenancy. In practical terms, this means they must act when structural faults arise or when problems are not the result of the tenant’s ordinary use.

Useful steps for the landlord:

1. **Hand over the property in usable condition** in line with what has been agreed.

2. **Maintain the general upkeep** of the property when the problem does not arise from the tenant’s normal use.

3. **Issue receipts or proof of payment** if a system is not already in place that evidences payment.

4. **Respect the duration and legal extensions** when the contract is for a main residence.

5. **Notify rent updates in writing** when applicable and on the agreed terms.

Practical example: if the boiler breaks down due to age and not misuse, it would normally not be treated as a fault attributable to the tenant. By contrast, if the damage results from negligent use, the position changes and it may fall to the tenant.

Main obligations of the tenant

The tenant must pay the rent on the agreed date and use the property for its intended purpose. The LAU states that, unless otherwise agreed, rent is monthly and must be paid within the first seven days of each month; moreover, payment must be made by electronic means, except where justified exceptions apply. The landlord must also provide a receipt, unless payment is already evidenced by another means.

The tenant’s obligation is not limited to payment. It also includes looking after the property, avoiding damage and using it with due care. The logic is simple: if the use causes normal wear and tear, that is not a breach; if it causes avoidable damage, there may be liability.

Practical steps for a prudent tenant:

1. **Check the contract before signing**, especially if expenses, works or assignment are agreed.

2. **Keep proof of payment** of rent and equivalent amounts.

3. **Report faults in writing** as soon as they appear.

4. **Do not make significant changes without permission** if they affect the property or the contract.

5. **Return the property in a good state of ordinary repair** at the end.

Practical example: if the tenant paints a wall without authorisation and the contract requires it to be returned in the same condition, a dispute over reinstatement may arise. If, on the other hand, they hang pictures or small removable items, this is normally considered a different, ordinary use.

Expenses, community and repairs: where confusion usually arises

One of the most frequent doubts is who pays for what. Here it is worth distinguishing between **general expenses**, **individually identifiable services**, **repairs** and **community charges**. The LAU allows certain general expenses to be passed on to the tenant, but that agreement must be set out in writing and state the annual amount as at the contract date. In addition, the law prohibits passing on to the tenant the estate agency fees and the costs of formalising the contract.

As regards the owners’ community, the Horizontal Property Act sets out the owner’s own duties, such as contributing to the general expenses of the building according to the participation share. The statute also establishes that the dwelling is attached to the payment of certain community debts prior to transfer, subject to the corresponding legal limits. The legal basis for this obligation appears in article 9 of the Horizontal Property Act: [«Contribuir, con arreglo a la cuota de participación fijada en el título [...] a los gastos generales»]().

Practical example: if the contract states that ordinary community charges are to be paid by the tenant, that agreement must be clear in writing. But if the intention is to pass on to the tenant an administration fee for signing or for preparing the contract, that charge is not valid under the LAU.

Common mistakes when confusing landlord and tenant

These are common errors to avoid:

1. **Thinking the tenant can sublet or assign freely**: in residential tenancies, the landlord’s written consent is required.

2. **Assuming every expense can be passed on to the tenant**: not all items are recoverable.

3. **Believing the tenant can always leave without notice**: withdrawal requires advance notice and compliance with the legal requirements.

4. **Confusing upkeep with improvement**: repairing what already exists is not the same as carrying out an agreed improvement.

5. **Failing to keep written records** of repairs, keys, meter readings or handover of the property.

What each party should check before signing

If you are the owner, check that the contract clearly identifies who the landlord is, who will occupy the property and which expenses are actually to be borne by each party. If you are the tenant, make sure you understand the rent, the time limits, the extensions, the possible grounds for withdrawal and which changes require authorisation.

As practical guidance, before signing it is advisable to put in writing:

1. Who pays each expense.

2. What works the tenant may carry out.

3. How payments and faults are documented.

4. What is handed over with the property: keys, remote controls, inventory and condition.

5. How incidents and important communications are notified.

If you want to assess your property for letting with an informed view, you can use UBICASA’s indicative estimate at /valoracion-vivienda-madrid, which provides a range and a PDF report, with an optional visit. And if you want to review a specific case, you can contact the team at /contacto. The actual office is at Montesa 29, Madrid, Monday to Friday from 10:00-15:00 and 16:00-19:00.

When this summary is not enough

This guide serves to distinguish roles and general obligations, but it does not replace an individual analysis. There are important exceptions: temporary accommodation, assignment, partial subletting, court rulings, contracts with several occupants or situations involving particularly complex owners’ communities. In those cases, the prudent course is to review the full contract and supporting documentation before taking action.