Breakages, breakdowns and damages in the rental of a property, who has to pay for them?

One of the biggest concerns of tenants of rental properties is the malfunctioning or damage caused by any internal or external factor, as there are a number of doubts as to who should be responsible for the corresponding repairs. However, the landlord and tenant must come to a legal agreement, which is documented in the lease, to avoid disputes should this occur. In some exceptional cases, however, both parties must comply with the law.

Who has to pay for repairs in a rental property?

The tenant is obliged to inform the owner of the property of any fault or damage to the composition of the property, as it will be the owner who will be responsible for finding a solution to the problem. Likewise, in the rental contract document there is always a line “Article 21.1. Conservation of the property” of the Law on Urban Leases (LAU).

The point states the following:”The lessor is obliged to carry out, without the right to increase the rent, all repairs that are necessary to maintain the dwelling in a habitable condition 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”.

However, there are exceptions to this clause because intentional damage or misuse by the tenant will prevent the property owner from paying, as long as the party can prove it. Additionally, the tenant is obliged to maintain the elements that make up the dwelling in good condition, including the painting of the walls, furniture, electrical appliances, damage to electrical appliances and electrical installations due to overloading.

Likewise, article 21.4 of the “Ley de Arrendamiento Urbanos” establishes that “small repairs required by the wear and tear of the ordinary use of the dwelling will be at the expense of the tenant”, whether due to breakage or breakdown. In addition, appliances that require reconditioning due to age or failure must be replaced by the lessor, or if misused, the lessee will be responsible for paying for the repair.

Once it has been determined in the contract that the flat delivered by the landlord in the first place is in good condition, the tenant is liable for damages. However, if it is documented in writing that the property was delivered with any defects and the tenant caused any damage to items or fixtures due to heavy use, the landlord is liable for such repairs.