No hot water in your Barcelona rental?

Who pays when the termo breaks in a Barcelona rental?

In most cases the landlord. Article 21.1 of the Ley de Arrendamientos Urbanos (LAU) says the landlord must carry out, without raising the rent, all the repairs needed to keep the dwelling fit for the use agreed. Hot water is part of a home being usable, so a termo (electric water heater) or calentador (gas water heater) that fails through age or a fault is the landlord's to repair or replace.

The same article carves out one exception: damage the tenant is responsible for under articles 1563 and 1564 of the Spanish Civil Code. That covers harm you or people in your household caused, not a tank that has simply reached the end of its life.

What counts as a small repair the tenant pays for?

Article 21.4 of the LAU puts the cost of "small repairs" caused by wear from ordinary use on the tenant. The law doesn't define "small" or set a euro limit, which is why this is where most arguments start.

As a rough guide, people tend to treat minor, cheap fixes that come from everyday use as the tenant's: resetting a tripped thermostat, a new tap washer, a fuse. Replacing the tank, the heating element, a leaking cylinder or the gas heater's main parts is a different scale of job and normally sits with the landlord under article 21.1. If the quote is large and the landlord insists it's a "small repair", check with a professional before you pay.

Wear and tear or misuse: who has to prove what?

Article 1563 of the Civil Code makes the tenant liable for loss or deterioration of the property unless they show it happened without their fault. So the evidence matters, and the technician's opinion matters most.

• Ask whoever inspects the heater to put the cause in writing on the invoice or a short report (an informe): age, corrosion, limescale, a failed element or thermostat.
• Photograph the unit, its label (make, model and, if it's printed, the manufacture date) and any leak, with the date visible.
• Check your move-in inventory and photos. If the termo was already old or rusty when you arrived, that helps you.

Barcelona's tap water is hard, and limescale (cal) building up over years is a common reason termos fail. That's wear, not misuse. Misuse looks different: someone tampering with the safety valve, or a DIY repair that went wrong.

How quickly does the landlord have to fix it?

The LAU sets no fixed deadline. The landlord has to do the repair, and a court would look at whether they acted within a reasonable time for the problem. Several days without hot water in winter is a serious problem.

In practice, give the landlord or agency a clear deadline in writing, keep a record of every reply, and move to a formal notice if nothing happens. If the delay drags on and you want to know what you can claim, check with a professional, such as a tenants' union or a lawyer, rather than guessing.

Can you call a plumber yourself and get the money back?

Sometimes. Article 21.3 of the LAU lets a tenant carry out an urgent repair to prevent imminent damage or serious inconvenience, as long as they've told the landlord first, and then claim the cost from the landlord straight away. A termo that's flooding the kitchen clearly qualifies. A heater that has stopped working for good, with a landlord who won't answer, can be argued as a serious inconvenience too.

Do it carefully. Send the notice first, get a quote if there's time, use a registered installer, keep the invoice and the technician's note on the cause, and then ask for the money back in writing.

Don't simply knock the cost off next month's rent, though. Not paying rent is a ground for the landlord to end the contract (LAU art 27.2.a), and a partial payment can be argued as non-payment. Claim the money separately.

How do you put it in writing?

Start with a dated message to the landlord or the agency managing the flat (email or WhatsApp), with photos and a request for a repair date. Something like this, in Spanish:

"Buenos días. Le informo de que desde el [fecha] no hay agua caliente en la vivienda de [dirección]: el termo/calentador no funciona [o: pierde agua]. Adjunto fotos. Conforme al artículo 21 de la LAU, le ruego que gestione la reparación lo antes posible y me indique una fecha antes del [fecha]. Gracias."

If you get no reply, or only vague promises, send a burofax repeating the facts and the deadline. It gives you proof of what you sent and when. Our burofax guide explains how to send one.

Can the contract make the tenant pay for the water heater?

Not for an ordinary main-home lease. Under article 6 of the LAU, clauses that change the rules for these leases to the tenant's disadvantage are void, unless the law itself allows it. The landlord's duty to keep the flat habitable under article 21.1 is one of those rules. A clause saying "the tenant pays for all repairs, including appliances" doesn't override it.

Some contracts do validly move costs that the law already gives the tenant, such as small repairs, or spell out who maintains which appliance. Read the clause, and if it seems to shift a big replacement onto you, check with a professional before you sign or pay.

Is a gas calentador different from an electric termo?

The rules on who pays are the same. Safety is the difference. If you smell gas, don't use switches or flames, open the windows, close the gas tap if you can, leave the flat and call your gas distributor's emergency line. Don't let anyone other than a registered gas installer open the unit.

Gas installations also have to pass periodic inspections, and a failed one can mean the heater must be fixed before it can be used. Our guide to gas inspections and boilers in a rental explains who arranges and pays for them.

What should you check about the water heater before you sign?

A quick check at the viewing can save you a cold winter:

• Run the hot tap and the shower. Does hot water arrive, and how long does it take?
• Look at the termo: is it gas or electric, is there rust or a damp patch underneath, and is the label readable?
• Ask the agent how old it is and whether it has been replaced recently.
• Ask whether the tank is big enough for the number of people moving in. A small termo shared by three people runs out fast.
• Photograph it for the inventory on move-in day.

If the answers aren't good, keep looking. You can set up a Llavai search with your budget and neighbourhoods and compare the next few flats without rushing.

How Llavai helps

Llavai watches the main Barcelona rental portals, scores every new agency listing against your brief (budget, neighbourhoods, bedrooms) and puts the best ones first, with the agent's number one tap away, so you can call before the queue forms. That first call is a good moment to ask how old the termo is. Set up your search in a couple of minutes. If you'd rather not make the call yourself, Julia can make it in Spanish on the Pro plan.