Who pays for repairs in a rented flat?
Repairs in a rented flat, who is responsible?
It is essential that the owner of the property is informed of any problem that occurs in the property, especially if it is an incident or a breakdown. Therefore, if you are a tenant, the most prudent thing to do is to inform your landlord as soon as possible if something happens (a blind, washing machine or shower breaks down), specifying the cause of the problem.
In any case, in order to know what to do in this type of case, it is important to refer to the current legislation, which in this case is the Law on Urban Leases (LAU). Article 21 of this law reads as follows:
Article 21. Conservation of the dwelling.
- The lessor is obliged to carry out, without the right to increase the rent, all repairs that are necessary to maintain the dwelling in habitable conditions to serve the agreed use, except when the deterioration of the repair in question is attributable to the lessee in accordance with the provisions of articles 1.563 and 1.564 of the Civil Code.
Therefore, we now have the answer to the question we asked at the beginning about who has to take care of repairs in a rented flat: the lessor or owner. In fact, this should be included in the lease contract signed by the tenant and the landlord.
What if the breakdown or damage has been caused by the tenant's misuse?
It may be that the tenant has misused some equipment, machine or mechanism in the property. In this case, should the landlord be responsible for the repair? The answer is no. If it is proven that the problem has been caused by the tenant, either by misuse or bad faith, the tenant should be responsible for the repair or replacement of the equipment. It is essential that this clause is indicated in the rental contract, if possible including an inventory of the appliances or equipment in the property at the time of formalising the rental contract.
Who is responsible for the regular maintenance of the flat?
The responsibility for the regular maintenance of the property is included in the rental contract. However, even so, it should be taken into account that it is most common that the tenant is responsible for the regular maintenance of the property. In other words, the replacement of blown light bulbs, lamps, maintenance of the paint on the walls, lamps, among others.
Taking out insurance: the most advisable solution
In order to be able to deal with all the mishaps that occur in rented flats, it is essential to have insurance. Rent insurance, as well as being a guarantee to deal with breakdowns and damages, guarantees the payment of rents to the owners, in the event that the tenant does not pay the monthly rent for any reason whatsoever.
