Landlord’s Obligations to Pay for Repairs

Renting your home is one of those milestones that bring you happiness today. Every month you get an extra income for providing a home for tenants with whom you are really satisfied. However, the time has come that any landlord fears: a repair. But are repairs one of the landlord’s obligations?

Unexpected repair costs can cause conflicts or misunderstandings with your tenants. The law is not very clear about who is responsible for repairs, because of the different causes that may be responsible for the damage. Even so, there is a legal framework for knowing whose responsibility it is to pay for necessary repairs in rental housing.

What does the law say about the landlord’s obligations?

In the Spanish legislation, Article 21.1 of the Urban Rentals Law (LAU) is dedicated exclusively to clarifying that it is the landlord who must make the necessary improvements to the habitability of the property. Although Article 21.4 of the same LAU, stresses that it is the tenant who must bear the costs of damages that are a consequence of wear and tear or misuse of the property.

Although it remains unclear, both articles of the LAU leave on the table the obligations of the landlord and the tenant in terms of damages to be dealt with.

Then whose obligation is it to pay for the repairs?

According to different lawyers consulted by Valencia Property Management (VPM), if it is a question of small repairs, they should be paid by the tenants. However, the most serious and expensive repairs will be part of the landlord’s obligations, as long as they are not due to misuse, vandalism or with intent to defraud.

The importance of a good contract

Despite the legal framework, it is very important that everything is written down in the rental agreement. It should draw a line between the obligations of the landlord and the tenant in respect of repairs. This would make it possible to define which repairs are to be paid for by the landlord or the tenant up to a maximum amount.

Formulas for establishing the landlord’s obligations

Defining the obligations of the landlord has been one of the tasks of ASV professionals throughout their more than 10 years of experience. These are the most used formulas to avoid problems:

· Establish that repairs below a price (for example € 125) belong to the tenant, and above that figure to the landlord.

· Set a financial limit on a percentage of the cost of rent, for example 20%.

Switches that become stiff with use, cisterns whose buoy breaks, or door knobs that end up getting stuck, would be examples of repairs that the tenant would have to pay for. Other repairs in a rented apartment, which are more expensive, would be the responsibility of the landlord. For example, changing the water heater, repairing pipes or upgrading the electrical system.

Do you want us to help you avoid misunderstandings with the management of your rental property?

The more the contract is detailed, the fewer misunderstandings there will be and the sooner the damage will be resolved, preventing the situation from getting worse. Therefore, communication between landlord and tenant from the beginning is essential.

It is also very important, before signing the agreement, to make a thorough inspection of the flat together. With a detailed document, the tenant and the owner make it clear what condition the property is in at the time of delivery. Obviously the contracts are subject to the legal framework, but they also contain information resulting from a process of prior communication and negotiation. These documents are the basis for a quick solution to any incident during the lease period. Furthermore, a well detailed contract will help to make the relationship between tenant and landlord healthy.

Do you want us to help you avoid misunderstandings with the management of your rental property?