Teruel Court Rules on Smokers and Normal Wear in Rentals: Who Pays for Damages?

The question of who bears the costs for property damage in a rental, especially concerning smoking tenants, has been a frequent subject of debate. However, a recent ruling by the Provincial Court of Teruel has shed light on this issue, establishing a significant precedent for landlords and tenants across Spain. The core decision is clear: the act of smoking inside a rented property, by itself, does not obligate the tenant to cover the costs of painting, deep cleaning, or even replacing furniture upon contract termination.The case in question involved an initial claim against a tenant, who was demanded almost €3,500 for alleged damages. Nevertheless, the Teruel Court reviewed this conviction, drastically reducing the compensation to just €123.99. The court argued that most of the claimed costs corresponded to "normal wear and tear" derived from the ordinary use of the property, not a breach of contract. This distinction is fundamental and is based on Article 1561 of the Civil Code, which stipulates that the tenant must return the property in the state in which it was received, with the exception of deterioration due to time or unavoidable causes. Similarly, Article 21 of the Urban Leases Law (LAU) assigns the landlord responsibility for necessary repairs to conserve the property, unless the damages are directly attributable to the tenant.A determining factor in this ruling was the absence of a specific clause in the rental agreement prohibiting smoking. Given this omission and the almost two-year duration of the lease, the Court considered that the effects of tobacco smoke fell within the scope of ordinary use. This means that mere yellowing of surfaces or the presence of tobacco odor does not, by itself, justify major renovations or the replacement of furnishings without strong evidence of extraordinary damage that goes beyond common wear and tear. For example, painting costs are generally the landlord's responsibility as part of their conservation obligations, unless exceptional damage is proven. This resolution emphasizes the importance of contractual drafting and the need for property owners to meticulously document any damage they consider outside the norm.