Who must pay for repairs in rental housing?

Determining who should pay for repairs in rental housing is probably one of the most common problems between tenants and landlords.

If you are thinking of renting a property or have already done so, you may have wondered who is responsible for its repairs. The landlord or the tenant? What does the law say about it? What is considered a necessary repair or a small repair?

Spanish law establishes certain obligations for both parties regarding the maintenance and repair of the property. In the following, we will try to resolve these and other doubts that may arise on the subject based on the laws in force.

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Types of home repairs according to the law

Article 21 of the LAU defines three types of repairs to a dwelling. Likewise, this article makes clear the responsibility of each party involved during the contract.

First, the LAU defines the owner of the property as the sole party responsible for maintaining its habitability. This responsibility is also stipulated in the Civil Code, which establishes in its art. 1554.2 that all these repairs will be paid for by the owner.

According to the law, the costs associated with these works should not have any incidence on the rental value. Habitability refers to the maintenance of walls, ceilings and floors, when damage is not the tenant’s responsibility, including:

Damage to floors, walls or roof due to the effects of weather
Any damage caused by force majeure or fortuitous event
Deterioration caused by natural wear and tear
Any remodeling or construction work ordered by a competent authority

On the other hand, paragraph 4 of the same article establishes a second group of repairs to be paid by the tenant. These are called “small repairs” and are those necessary due to wear and tear caused by the natural use of the facilities.

For practical purposes, these cover several elements that may be affected by their constant use, such as, for example:

Blinds
Locks
Taps
Change of light bulbs. Etc.

Finally, there are other arrangements that may arise when the rental of the property includes furniture and appliances. These are the most controversial, as it is often difficult to prove whose responsibility it is to perform them.

According to the LAU, ensuring the habitability of a dwelling, including the maintenance of its furnishings, must be borne by the lessor. This applies only if the damage was not caused by mishandling of the appliance by the renter.

In this regard, the Civil Code makes it clear that, in the event of damage to an appliance, if the tenant is able to prove that it was not his fault, the landlord will be responsible for the expenses.

Home repairs are a shared expense

As you may have seen, Spanish law attributes repairs to a property to the person who is renting it. However, tenants are not exempted from responsibility for maintenance, as long as it is for minor repairs or damage caused by the tenant.

Although the responsibilities are clearly stipulated in the laws in force, on many occasions this point is a matter of controversy among those affected. If you plan to rent or need a real estate lawyer in Alicante, you can contact us and we will gladly answer all your questions.