Know which repairs are the responsibility of the tenant and which are the responsibility of the owner in a property for rent

Renting a property often raises concerns for both landlords and tenants, especially when problems arise that require repairs.

Since the Urban Leases Law (LAU) does not establish a criterion to differentiate between major repairs – to be assumed by the owner – and minor repairs – responsibility of the tenant – from KM2 Real Estate Services we share the definitive guide to understand this distinction.

Repairs in a property for rent

The landlord is responsible for carrying out essential repairs to ensure that the space is fully habitable. This includes correcting structural damage or problems that have arisen from use and time. Such as?

1. Installing a new boiler.
2. Upgrading HVAC systems.
3. Maintaining the electrical system in optimal conditions.
4. To guarantee the correct functioning of the plumbing.
5. Repair damage to floors, ceilings and walls, including cracks or detachments.
6. To carry out the necessary works for the maintenance and upkeep of the property.

On the other hand, the tenant has the obligation to return the property in the same conditions in which it was received. Before returning the keys, the tenant must complete the following actions:

1. Apply a new coat of paint to the interior.
2. Filling wall voids used for decoration.
3. Replace burned out light bulbs, install new faucets or fix damaged appliances.
4. Repairing doors, paint stains or malfunctioning appliances due to misuse.

Situations in which it is unclear who should be responsible for the repairs in a property for rent

Sometimes, uncertainty may arise between the landlord and the tenant as to who should take care of the necessary repairs. Our initial recommendation is dialogue: it is essential that both parties talk to reach a consensus as to who will be responsible for the damage in question.

However, if the disagreement persists, the tenant should notify the landlord of the urgency of the repairs by means of an official communication method such as a burofax. This verifies both the notice and its date of issuance.

Faced with the landlord’s refusal to attend to the damages that are his responsibility, the tenant has these three options:

1. Attempt to terminate the rental agreement through a mutual consensus or by legal means.
2. Bring a lawsuit against the landlord to force the landlord to comply with his obligations.
3. Carry out the repairs independently and then ask the landlord for reimbursement of the expenses incurred. Of course, this alternative is feasible if the landlord is informed in advance and when the work is essential to avoid major damage or serious inconvenience.

Your trusted real estate agency in Barcelona and Madrid

Do you want to rent an apartment in Barcelona or Madrid? Would you like to rent your property? Do you want to get more information about repairs in a rental property? In KM2 Real Estate Services we want to help you.

Visit our website now to see the available properties or contact our sales advisors so they can guide you through the whole process. We are waiting for you at:

• Rambla Cataluña 60, 5º2ª, Barcelona.
• C. Serrano, 51, 4ª Pl. Derecha, Madrid.