Tenant Protection during Renovations and Repairs
Living in a rental property over an extended period often involves dealing with issues related to the property’s maintenance or the need for repairs and improvements. It is important for both the owner and the tenant to understand their respective legal obligations regarding the upkeep and maintenance of the property to ensure a harmonious relationship and avoid conflicts. In this article, we examine the rights and responsibilities of both parties under current regulations.
Landlord Obligations in Property Maintenance
The owner of a rental property is legally required to keep it in good condition, performing necessary repairs to ensure habitability. This obligation is outlined in the Civil Code, the Horizontal Property Law, and the Urban Lease Law (Law 29/1994, of November 24), among other regulations.
According to Article 21 of the Urban Lease Law, the landlord must cover all necessary repairs to keep the property in habitable conditions without the right to increase the rent for this reason. However, this obligation does not apply when deterioration is caused by misuse or lack of maintenance by the tenant.
What if the Property Requires Urgent Repairs?
In cases where a maintenance issue exceeds the minor repairs associated with normal use, the landlord is responsible for addressing repairs promptly. Under Article 21, the tenant must notify the landlord of the repair need, allowing them access to the property to verify and complete the repair.
If the situation is urgent and causes serious inconvenience or imminent damage, the tenant may proceed with the repair and later claim reimbursement from the landlord. This process applies only in emergencies and must be communicated to the landlord in advance.
What if Conservation Works Impede Full Use of the Property?
When conservation works are so extensive that they hinder normal use of the property, Article 21 of the Urban Lease Law stipulates that the tenant is obligated to endure them, even if they are inconvenient or restrict parts of the property. However, if the works last more than twenty days, the landlord must reduce the rent proportionally to the area the tenant cannot use during that time.
Tenant Obligations for Property Maintenance
The tenant also has responsibilities regarding property maintenance, particularly for minor repairs resulting from everyday wear and tear. These repairs are the tenant’s responsibility and cannot be charged to the landlord. This aspect is regulated in Article 21 of the Urban Lease Law, which specifies that upkeep from ordinary use is the tenant’s responsibility.
Improvement Works
Beyond maintenance repairs, the landlord may decide to carry out improvement works in the property. These works are not for repairs but for upgrading the property and adding value. Improvement works are regulated under Article 22 of the Urban Lease Law, which mandates that the landlord must notify the tenant of such works at least three months in advance.
Upon receiving the notice, the tenant has one month to decide whether to terminate the lease. If the tenant chooses to stay, they have the right to a rent reduction in proportion to the impact of the works and can claim compensation for any expenses incurred due to the inconvenience of the improvements.
Impact of Improvement Works on Rent
Article 22 provides that if the tenant does not terminate the lease, they may request a rent reduction proportional to the inconvenience caused and the time affected by the works. This reduction can be negotiated with the landlord, who must offer fair compensation for the disruptions caused.
What Happens if Conservation Works Render the Property Uninhabitable?
If the conservation works are so extensive that they make the property uninhabitable, the tenant has the right to opt for a temporary suspension or a final termination of the lease without any penalties. Suspension of the lease means the lease term is paused, and the rent payment obligation is suspended while the works are underway. This provision is outlined in Article 28 of the Urban Lease Law.
Tenant Obligations Regarding the Lease
Article 21 of the Urban Lease Law states that all minor repairs and maintenance of everyday-use items in the property are the tenant’s responsibility. These obligations ensure the tenant keeps the property in optimal condition throughout the lease period and cover items such as replacing light bulbs and faucet repairs.
Improvement Works and Right to Termination
Improvement works are those that the landlord must undertake unavoidably and cannot be delayed until the lease term ends. According to Article 22 of the Urban Lease Law, the landlord must inform the tenant of these works three months in advance. If the tenant believes the works significantly affect their daily life in the property, they may choose to terminate the lease, notifying this decision within a month from receiving notice of the works.
Carlos Baño Abogados
If you find yourself in a situation where conservation or improvement works are affecting your tenancy, it is essential to understand your rights and obligations to handle the situation effectively. At Carlos Baño Abogados, we have a team of experts in real estate law in Alicante who can assist you in resolving any issues related to the condition of the rented property. Our team provides the best legal advice to ensure that your rights as a tenant or landlord are upheld and that any issues regarding works and repairs are handled fairly.
For more information, visit our page at Carlos Baño Lawyers or find us on Google Maps.
