{"id":34171,"date":"2026-06-11T13:13:24","date_gmt":"2026-06-11T13:13:24","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?p=34171"},"modified":"2026-06-11T13:13:24","modified_gmt":"2026-06-11T13:13:24","slug":"who-must-pay-for-repairs-in-rental-housing","status":"publish","type":"post","link":"https:\/\/cbleon-abogados.com\/en\/quien-debe-pagar-las-reparaciones-en-una-vivienda-de-alquiler\/","title":{"rendered":"Who is responsible for paying for repairs in a rental home?"},"content":{"rendered":"

Determine Who is responsible for paying for repairs in a rental property?<\/strong> It is one of the most common issues between tenants and landlords. The key is to understand what the law means by \u201cmaintenance of the property\u201d and what the minor repairs<\/em> and how to address cases of wear and tear, force majeure, or misuse.<\/span><\/p>\n

If you're thinking about renting a property or have already done so, you may have wondered who is responsible for each expense, what the law says, and how to effectively prove the cause of damage. Below, we address the most common questions based on the Urban Lease Law (LAU)<\/strong> and the Civil Code<\/strong>, and we've added practical guidelines to avoid conflicts.<\/span><\/p>\n

Types of Home Repairs Under the Law<\/span><\/h1>\n

Repairs to a Rental Property: Obligations and Costs<\/span><\/h2>\n

The Article 21 of the LAU<\/a> distinguishes between different categories of repairs and assigns their costs, while the Article 1554.2 of the Civil Code<\/strong> reinforces the landlord's obligation to keep the dwelling in livable condition throughout the term of the lease.<\/span><\/p>\n

As a general rule, preservation and livability<\/strong> correspond to the owner<\/strong>, and the minor repairs<\/strong> by wear and tear<\/strong> usual to the tenant<\/strong>. The most common scenarios are interpreted on that basis.<\/span><\/p>\n

Maintenance and Livability (the landlord's responsibility)<\/span><\/h3>\n

The owner must maintain the home in living conditions<\/strong> without this resulting in a rent increase. This includes damage to the structure or exterior walls caused by the passage of time, malfunctions of essential systems not attributable to normal use, damage due to force majeure, and construction work mandated by the government.<\/span><\/p>\n

The practical implication is clear: anything that affects the suitability for living<\/strong> and is not the tenant's fault, it is considered part of the landlord's maintenance responsibilities.<\/span><\/p>\n

Minor repairs due to wear and tear (to be paid by the tenant)<\/span><\/h3>\n

The LAU assigns to the tenant the minor repairs<\/strong> resulting from normal use: light bulbs, aerators and gaskets, minor adjustments to faucets, handles, hinges, blinds, or aged silicone seals.<\/span><\/p>\n

The courts consider moderate amount<\/strong>, frequency<\/strong> and in relation to daily use. If the damage is significant, infrequent, or affects essential systems, it is typically the owner's responsibility to repair it.<\/span><\/p>\n

Furniture and appliances included<\/span><\/h3>\n

In a furnished rental, the landlord retains the functionality<\/strong> furniture and appliances, except for misuse<\/strong> the tenant's. If the refrigerator breaks down due to the end of its useful life, the landlord pays; if it breaks due to impact or improper use, the tenant pays.<\/span><\/p>\n

If the tenant test<\/strong> If the damage is not attributable to the tenant\u2019s conduct, the landlord is responsible for the costs under the Civil Code. Hence the importance of documenting the condition of the property at the time of handover and its normal use.<\/span><\/p>\n

\"Repairs
Repairs to a Rental Property<\/figcaption><\/figure>\n

How to Document and Avoid Conflicts in Rental Repairs<\/span><\/h2>\n

Effective prevention reduces disputes and speeds up resolutions. It is advisable to agree on procedures, document them in writing, and rely on technical criteria when necessary.<\/span><\/p>\n

Furthermore, setting expectations from the outset facilitates a smooth contractual relationship and prevents minor incidents from escalating into unnecessary legal disputes.<\/span><\/p>\n

Inventory, handover report, and traceability<\/span><\/h3>\n

Includes Inventory with photos\/video<\/strong> the initial status and serial numbers of household appliances. It establishes alert channels<\/strong> (email\/app) and keeps quotes, invoices, and replaced parts on file when proof of origin is provided.<\/span><\/p>\n

The traceability<\/strong> It allows the judge (if necessary) to objectively assess the cause of the damage and determine who should bear the cost.<\/span><\/p>\n

Deadlines and Urgent Requests<\/span><\/h3>\n

The landlord is liable for reasonable time frame<\/strong>, especially in emergencies (leaks, complete loss of service, boiler out of order). The tenant must provide access and do not aggravate<\/strong> the damage (turn off the valves, disconnect, ventilate).<\/span><\/p>\n

If there is a risk of further damage, a minimal repair<\/strong> and then submit a claim for the amount, along with the invoices and the technical report.<\/span><\/p>\n

Useful Provisions (and Legal Limits)<\/span><\/h3>\n

You can agree on response times, periodic boiler\/AC maintenance, or a general list of minor repairs to be paid for by the tenant. What you cannot do is empty<\/strong> the owner's legal obligation to maintain the property's habitability.<\/span><\/p>\n

It is also advisable to limit modifications made by the tenant (extensive drilling, painting, changing locks) and their restitution<\/strong> when finished.<\/span><\/p>\n

Common Case Studies and Their Legal Context<\/span><\/h2>\n

Certain scenarios recur in practice and help define responsibilities quickly and with legal certainty.<\/span><\/p>\n

Applying the criteria of the LAU and the Civil Code to each case prevents fruitless arguments and speeds up the resolution of disputes.<\/span><\/p>\n

Boiler or water heater out of service<\/span><\/h3>\n

If the problem is internal and there was no misuse, the landlord<\/strong> (This applies to hot water and heating, which are essential.) Annual maintenance may be agreed upon at the tenant's expense, but this does not cover failures due to the end of the useful life of the equipment.<\/span><\/p>\n

In the event of prolonged outages, document the incident and all communications; a proportional reduction<\/strong> rental income if the home becomes temporarily uninhabitable.<\/span><\/p>\n

Clogs and Plumbing<\/span><\/h3>\n

Occasional clogs in siphons due to normal use: tenant<\/strong>. Collapses due to structural defects, roots in downspouts, or main manholes: landlord<\/strong>.<\/span><\/p>\n

A plumber's report, complete with photos and a diagnosis, is often decisive in determining the cause of the problem and who is liable for payment.<\/span><\/p>\n

Appliances included<\/span><\/h3>\n

Washing machine\/refrigerator: normal wear and tear, landlord<\/strong>; breakage due to misuse<\/strong>, tenant<\/strong>. Very old devices may need to be replaced due to obsolescence, at the owner's expense.<\/span><\/p>\n

Keep manuals on file and record inspections to document proper maintenance.<\/span><\/p>\n

Paint, blinds, and locks<\/span><\/h3>\n

Paint wear and tear after long-term contracts: typically landlord<\/strong>. Blind cords\/slats, based on typical use: tenant<\/strong>. Faulty installation or poor workmanship: landlord<\/strong>.<\/span><\/p>\n

Lock cylinder replacement due to the tenant losing their keys: at the tenant\u2019s expense; for security reasons following a reported burglary: to be determined by mutual agreement between the parties.<\/span><\/p>\n

What to Do If the Other Party Doesn't Comply<\/span><\/h2>\n

If no agreement is reached, proceed systematically: issue a formal notice, conduct a technical inspection, and, as a last resort, take the appropriate legal action.<\/span><\/p>\n

An orderly and well-documented process usually prevents litigation and facilitates a quick resolution.<\/span><\/p>\n

If the landlord does not make repairs<\/span><\/h3>\n