Moving into a rented flat and wanting to make it feel like home is perfectly natural. Hanging a few pictures, rearranging the furniture… and almost inevitably the moment comes when you look at the walls and think: «a different colour would make all the difference». Before you open a tin of paint, it is worth knowing what the law allows and what could cause problems when the time comes to hand back the keys.
What Does the Urban Leases Act Say?
The legislation governing rental properties in Spain, the Ley de Arrendamientos Urbanos (LAU), distinguishes between two types of works in a property: maintenance works —necessary to keep the property in good condition— and modifications introduced by the tenant on their own initiative. Painting the walls falls clearly into the second category. This means it is neither the landlord's obligation nor the tenant's automatic right: it is a decision that affects the condition of the property and therefore has contractual consequences.
The Key Role of the Tenancy Agreement
Before doing anything, read your contract carefully. Many tenancy agreements include clauses that expressly prohibit any alteration to the appearance of the property without the landlord's written consent. If yours does, disregarding that clause can lead to real difficulties at the end of the tenancy. If the contract makes no mention of the matter, the LAU still applies, and the usual interpretation is that any change that alters the original appearance of the property requires the landlord's consent.
In any case, the most advisable approach is to notify the landlord in writing —an email is sufficient— and keep their response on record. This protects both parties and avoids misunderstandings down the line.
Which Changes Are Generally Accepted and Which Cause Disputes?
Not all situations are the same. Some actions rarely cause problems, while others almost always lead to disagreements at the end of the tenancy:
- Painting in the same existing colour: if you simply refresh the walls without changing the shade, the landlord is unlikely to raise any objections. In fact, it may be regarded as an improvement to the property's condition.
- Changing to a noticeably different colour: this is where disputes tend to begin. A very dark colour, a specialist finish or a mural may require one or more coats of paint to restore the original appearance, and that cost may be deducted from the deposit.
- Washable or easily reversible paints: some temporary-effect paints or adhesive decorative panels are alternatives that allow personalisation without permanent alteration. Even so, it is advisable to confirm this with the landlord beforehand.
- Works affecting common elements: painting the front door to the landing or any element that forms part of the owners' community falls entirely outside the scope of both the tenant and the individual landlord acting unilaterally.
The Deposit: When Can It Be Affected?
The purpose of the deposit is to cover any damage or deterioration caused by the tenant beyond normal wear and tear. If, at the end of the tenancy, the walls are in a condition that does not correspond to ordinary use —whether due to a different colour from the original, stains, flaking or poor-quality finishes— the landlord is entitled to deduct the cost of repainting from the deposit.
To avoid this situation, the most sensible approach is to document the initial condition of the property with dated photographs taken on the day the contract is signed, and to repeat the same process before handing back the keys. If you made any alterations with the landlord's permission, keep that authorisation together with the rest of your tenancy documentation.
Landlords: How to Protect Your Property
If you own the flat, including a clear clause in the contract regarding modifications to the property —what is permitted, what requires prior authorisation and in what condition the property must be returned— will save you a great deal of trouble. A detailed photographic inventory at the time of key handover is equally essential. These documents make all the difference if a dispute requires formal resolution.
At Fincas Caseuro, we have been supporting landlords and tenants in Sant Cugat del Vallès and the Barcelona area for over 30 years. If you have any questions about drafting or reviewing a tenancy agreement, handling a dispute at the end of a tenancy, or what to do if you need a professional assessment of a property's condition, we are here to help. Contact us with no obligation.