Who Pays for Repairs in a Rental Apartment?

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Who Pays for Repairs in a Rental Apartment? Complete Guide for Tenants and Landlords According to the LAU

When you rent an apartment, the question always arises about who should be responsible for repairs. Is it the responsibility of the landlord (owner) or the tenant (tenant)? The answer is not always simple and depends on the Urban Leasing Law (YOURS), in particular the Article 21.

As an expert in DIY and renovations, and with solid experience in the real estate sector, I will explain everything you need to know about the Rental Law to better understand your rights and duties.

Obligations of the Landlord

According to the LAU Article 21, the landlord is obliged to make all necessary repairs to keep the dwelling in habitable conditions, except when the deterioration is attributable to the tenant. That is, according to the Urban Leasing Law Any structural problems, such as electrical or plumbing issues, or the repair of essential elements such as the heater or air conditioning, are the responsibility of the owner.

Examples of Repairs Responsible for by the Landlord Under the Rental Law

The Rental Law is clear regarding repairs that are the landlord's responsibility. Basically, these are all those that may affect the building. Elements that are part of the building:

Shower screen
Foundations, walls, beams, pillars, walls, ceilings, floors
Roofs and facades
Doors and windows
Fixed installations of electricity, plumbing, heating, gas, water, telephone
Anti-theft and fire extinguishing facilities
Annexes such as garages, storage rooms, swimming pools, terraces, patios
Sanitary elements
Radio and television antennas
Fixed kitchen and bathroom furniture, as well as built-in wardrobes

Replacement of pipes due to leaks or damage.
Heating system repair.
Structural moisture problem solving.
Repair of roofs and common elements of the building.

Tenant Obligations

The tenant, on the other hand, according to the Urban Leasing Law, must take care of minor repairs resulting from wear and tear due to ordinary use of the dwelling. This includes minor repairs and routine maintenance to ensure the property's good condition.

Examples of Repairs that the Tenant must assume according to the Rental Law

The contents of a property are all the objects and goods that are found within it, but that are not part of its fixed structure.

Examples of property contents and repairs in a rental apartment that are the responsibility of the tenant:

Furniture and decoration: sofas, tables, wardrobes, beds, chairs, curtains, rugs, paintings
Appliances: refrigerator, washing machine, television, coffee maker, iron, toaster
Valuables: jewelry, computers and tablets, musical instruments, collections
Personal belongings: clothing, footwear, books or toys
Tableware and glassware
Works of art and special objects: paintings, drawings, sculptures, antiques, carpets and tapestries

Changing light bulbs and fuses.
Maintenance and cleaning of household appliances.
Furniture and interior equipment repairs.
Solutions to minor plumbing problems, such as unblocking.

Article 21 of the LAU

Article 21 of the LAU clearly establishes these obligations. It is crucial that both landlord and tenant understand this article to avoid misunderstandings and conflicts. It specifies that the landlord must make the necessary repairs to maintain the dwelling in habitable conditions and that the tenant must inform the owner of the need for such repairs as soon as possible.

Conflict Resolution

In the event of a disagreement over who should pay for a repair, it's advisable to review the lease agreement, as in some cases, specific clauses may be included. Furthermore, maintaining open and documented communication between both parties can help resolve disputes. If the conflict persists, mediation or legal services specializing in leases can be used.

Home DIY Tips

As a DIY expert, I recommend a few practices to keep your home in good condition and reduce the need for major repairs:

Home Security and Maintenance (Basic Tasks): Regularly check and perform preventive maintenance on facilities and equipment.
The Best Power Tools for Beginners: Use good quality materials and tools for minor repairs.
Basic DIY and Tools (Basic Knowledge): Learn basic DIY skills to efficiently fix minor problems.

FAQs – About Repairs in a Rental Apartment

What basic repairs can I make without asking the landlord's permission?

Generally, tenants can handle minor repairs such as fixing leaky faucets, changing light bulbs, or replacing shower heads. However, it's always a good idea to review the rental agreement or consult with the landlord to avoid misunderstandings, as some repairs may require authorization.

What are the best basic tools for a rental apartment?

For maintenance in a rental apartment, it's helpful to have a basic tool kit that includes a power screwdriver, hammer, tape measure, and a wrench. These tools are sufficient to handle small repairs and basic improvements without the need for a large team. How can I improve the security of my rental apartment without making permanent modifications? There are several ways to improve security in a rental apartment without making permanent changes. For example, you can install an additional lock on the door with simple mounting, add portable security alarms, or install wireless surveillance cameras. These items are easy to install and require no drilling or construction.

Is it possible to improve sound insulation without renovations?

Yes, there are several temporary solutions to improve sound insulation in a rental apartment, such as using thick curtains, installing rugs, or adding bookshelves to the walls to muffle sound. These methods don't affect the structure of the apartment and can help reduce noise without renovations.

What materials or solutions can I use to cover minor damage to walls?

For minor damage like nail holes or small cracks, you can use wall filler, which is easy to apply and paint. If the damage is more noticeable, decorative vinyl can be a useful option for covering stains or imperfections without having to repaint the wall.

Conclusion on the LAU

Knowing who pays for repairs in a rental apartment can seem complicated, but by understanding the LAU (Law of the Autonomous Community) and being clear about the roles of landlord and tenant, many problems can be avoided. Remember that the key is communication and knowing your rights and obligations.

Additional Entries of Interest

I've selected three complementary posts for you as a renter that can add value if you're interested in making home improvements and basic repairs. These articles provide useful information that helps both with the maintenance of a rental apartment and with small, budget-friendly renovations. Below are the suggestions:

Home repairs everyone should know how to doIn this article, I present a complete guide to basic home repairs that anyone can do, such as plumbing fixes, simple electrical repairs, and crack repairs. These skills are essential for those who live in a rental apartment and want to avoid additional expenses.
Tips to strengthen your front door and protect your homeI believe home security is essential in a rental apartment, and this article offers practical tips for strengthening the front door without invasive renovations. Recommendations on locks, cameras, and other security systems will help readers effectively improve their home security without compromising the rental structure. This content will be useful for tenants who want to improve their home security without a significant investment.
Vinyl flooring: versatile, economical and easy to installReplacing the flooring in a rental home may seem complicated, but vinyl flooring is an excellent low-cost and easy-to-install option. In this article, I explain the advantages of this material, in addition to its durability and easy maintenance. It's ideal for tenants looking to improve the aesthetics of their apartment without major renovations.