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Step 1: complain to the business, in writing
Everything later in this guide asks whether you tried the business first, so do this properly. Businesses must give you a reference or receipt for a complaint, and they must tell you how to complain by post, by phone and by an electronic route.
The consumer law says businesses must answer a complaint "en el plazo más breve posible y, en todo caso, en el plazo máximo de quince días desde la presentación de la reclamación". That is fifteen days. Keep proof of the date you sent it.
Shops, bars, hotels and similar premises also keep official complaint forms (hojas de reclamaciones). The model and the rules for them are set by each region, not nationally. The Comunidad de Madrid, for example, tells consumers they can file a hoja de reclamaciones at its consumer information services. Check your own region's consumer site for its form.
Step 2: the free public offices
OMIC (Oficina Municipal de Información al Consumidor) is a town hall service. Madrid's describes it as a "servicio gratuito de información y orientación" where you can also file a complaint against the business or professional. Not every town has one, and what each office does varies. Ask your ayuntamiento, or your region's consumer department.
Note the wording: these offices deal with a business or professional. A private individual who rents out their flat is often not one. These offices may decline a purely private landlord dispute. That is our reading of how the system is worded, so ask the OMIC before assuming either way.
Consumer arbitration
The Sistema Arbitral de Consumo is an out-of-court route. A Junta Arbitral de Consumo decides, and the ruling is "vinculante y ejecutivo para las partes". It is voluntary for both sides. If the business has not joined the system, the Junta asks it to accept or reject arbitration, and it can say no.
- Current rules. Real Decreto 713/2024 (in force since 13 August 2024) repealed Real Decreto 231/2008. Many older pages still cite the 2008 decree.
- Try the business first. A Junta can refuse a request if you did not contact the business first. It must accept the request if more than a month has passed since you complained and the business has not answered.
- Who can use it. The rules cover consumers resident in the European Union, so you do not need to be a citizen.
Phone and internet contracts
Telecoms have their own rules in the Ley 11/2022 General de Telecomunicaciones. The ones people need:
- A consumer contract cannot last more than 24 months.
- If it renews automatically, you may then end it at any time with notice of at most one month, paying only for the service during that notice.
- If the operator announces changes to your contract, you may leave without extra cost within one month of being told, unless the change only helps you or is purely administrative.
- You can raise a cancellation or complaint by the same route you used to sign up, and by phone. The operator must give you a reference number for it.
The OAUT (Oficina de Atención al Usuario de Telecomunicaciones) is the state office for what the operator will not fix. Its rule: complain to the operator first. If the operator does not answer within one month, or the answer does not satisfy you, you can go to the OAUT within three months. It has six months to decide, and you file by online form or on paper. If the Junta Arbitral has opened a case, the OAUT route is closed unless that case is archived or dropped.
A widely repeated claim that you can cancel with two days' notice is not in the law above. Do not rely on it. Leaving in the middle of a fixed term may carry a penalty, which the contract must state.
Small claims and when you need a lawyer
Since 3 April 2025, most civil claims need a prior attempt to settle before a court will admit them. The law says this is met by mediation, conciliation, or by "actividad negociadora" done directly by the parties. A written demand to the other side, kept with proof of delivery, is the minimum sensible step. Some claims are exempt (for example, fundamental rights cases).
In a juicio verbal (the simple procedure) where the claim is 2,000 euros or less, the law lets you appear without a lawyer or a procurador (court representative). The same limit applies to the first filing of a procedimiento monitorio (a payment-order claim). Above that, both are generally required.
Free legal aid (asistencia jurídica gratuita)
Ley 1/1996 gives free aid to Spanish citizens, EU nationals and foreigners "que se encuentren en España", when they show insufficient means to litigate. The text asks for being in Spain and lacking means. It does not mention a residence permit.
- Income test. Gross annual income of the household must not exceed: twice the IPREM for a person outside any family unit, two and a half times for a family unit of fewer than four, three times for four or more members or a large family. The IPREM is a public figure set each year. Look up the current value rather than trusting a number printed here.
- Assets count. Property other than your main home is taken into account, as are signs of real wealth that contradict your declaration.
- What you get. Free advice before a case starts, a free lawyer and procurador where the law requires one, and exemption from court fees. Where no lawyer is required (such as a claim of 2,000 euros or less), a free lawyer is generally only appointed if the court requires one.
- Where to apply. At the Colegio de Abogados for the place of the court, or at the court in your home area, which passes it on. The Colegio's Servicio de Orientación Jurídica explains the requirements and helps you fill in the form "sin coste alguno".
Different rules apply in some cases, such as victims of gender violence, regardless of income. Ask the Colegio if that is your situation.
What is already covered elsewhere
- Deposits, agency fees and fake listings: renting in Spain.
- Repairs and who pays for what in a lease: rental insurance.
- Whether you need a lawyer or a gestor: choosing a gestor.
Sources
- BOE: Real Decreto Legislativo 1/2007, consumer law (arts. 21 and 57)
- BOE: Real Decreto 713/2024, Reglamento del Sistema Arbitral de Consumo
- BOE: Ley 11/2022, General de Telecomunicaciones (arts. 65, 67, 78)
- Oficina de Atención al Usuario de Telecomunicaciones: how to complain
- BOE: Ley 1/1996, de asistencia jurídica gratuita (arts. 2, 3, 4, 6, 12)
- BOE: Ley de Enjuiciamiento Civil (arts. 23 and 31)
- BOE: Ley Orgánica 1/2025, efficiency of the justice service (art. 5, prior settlement attempt)
- Ayuntamiento de Madrid: OMIC
- Comunidad de Madrid: municipal consumer services and hojas de reclamaciones
- Abogacía Española: Servicios de Orientación Jurídica
Who can do this for you
A lawyer can write the formal demand, judge whether a claim is worth bringing, represent you above the 2,000 euro line, and tell you whether you qualify for aid.
This page is general information, not legal advice. It was checked against the sources above on the date shown. Consumer rules differ by region and income limits change every year. Confirm with the office or Colegio concerned before relying on any of it.