Problems with commercial premises rental in Malaga: what to do if your landlord does not comply

The rental of a commercial premise in Malaga is a great opportunity for entrepreneurs, freelancers and small businesses. However, when problems arise with the landlord—such as defects, delays or breaches—it is essential to know how to act and what legal options you have as a tenant.

Landlord’s obligations in the rental of commercial premises in Malaga

The landlord of a commercial premise not only has the obligation to transfer the use of the property, but also to guarantee its habitability and usefulness in accordance with the purpose agreed in the contract.

Its main legal obligations include:

• Delivering the premises in good condition for the agreed use.
• Carrying out the necessary repairs to maintain the property.
• Complying with the provisions of the contract (for example, if they committed to carrying out prior works).
• Not interfering with the tenant’s peaceful use of the premises.

Common cases of landlord breach

In our law firm in Malaga, we have detected that the most common cases of breach by the landlord of commercial premises include:

• Unrepaired leaks, dampness or defective electrical installations.
• Unjustified delays in the delivery of the premises or its keys.
• Breaches of promised reforms.
• Closure of supplies or lack of updated bulletins for licenses.
• Urban incompatibility of the agreed use.

How to act if you have problems renting commercial premises

1. Review of the lease agreement

The first thing to do is review the signed contract. A lawyer can analyze the clauses and determine which obligations the landlord has breached and what actions can be taken.

2. Extrajudicial claim

Before going to court, it is advisable to send a formal request (by burofax or reliable means) requesting compliance with the contract and warning of legal consequences.

3. Termination of the contract or legal action

If the problem persists, you can request the termination of the contract, claim damages suffered or, where appropriate, demand the forced fulfillment of the unfulfilled obligations.

What does the law say about commercial premises rental?

Commercial premises rentals are governed by the Urban Leasing Law (LAU) and the Civil Code, provided that the contract does not stipulate otherwise (as it is for a use other than housing).

This grants greater contractual freedom, but also implies the need for good legal advice to avoid unbalanced or abusive clauses.

Consult the updated LAU in the BOE here

When to go to a lawyer for problems renting premises in Malaga

We recommend that you go to a lawyer if:

• You have invested in a business in Malaga and cannot open due to defects in the premises.
• The landlord does not respond to your communications.
• You are suffering economic losses due to delays or breaches.
• You have detected hidden deficiencies that prevent the normal development of your activity.

At Babot Aranguren Abogados, in the heart of Malaga, we help you defend your rights as a tenant: from negotiation to judicial resolution.

Request a professional review here and we will analyze your case without obligation.

Conclusion

Having problems renting commercial premises in Malaga is not uncommon. The important thing is to act with legal advice from the beginning to prevent the situation from affecting the viability of your business.

If your landlord does not comply, contact us and we will help you find the best legal solution for your case.