One of the most common questions among landlords and tenants is: Who pays for repairs in a rental property? This issue can cause conflicts if the responsibilities of each party are not clearly established from the start. In Spain, the key to avoiding problems is to understand which repairs are the landlord’s responsibility and which must be assumed by the tenant, according to the Ley de Arrendamientos Urbanos (LAU).
If you are considering buying property in Spain to rent out, it’s essential to know the regulations. In this article, we’ll explain the legal framework regarding repairs in rental properties in a simple way.
What does Spanish law say about repairs in rental properties?
The Ley de Arrendamientos Urbanos (LAU) regulates the obligations of landlords and tenants concerning property maintenance and repairs. The law makes a clear distinction between necessary repairs to maintain the property’s habitability and minor repairs due to daily wear and tear.
Repairs at owner’s expense
The landlord must take care of:
- Structural repairs (roofs, walls, electrical or plumbing systems).
- Repairs affecting the habitability of the property (dampness, leaks, heating issues).
- Replacement of appliances provided with the property when they stop working due to normal wear.
For example, if the property’s boiler breaks down and stops functioning correctly, the landlord is responsible for its repair or replacement.
Important note: According to Spanish law, the landlord cannot raise the rent to cover the cost of these repairs, as keeping the property in good condition is a legal obligation.
Repairs at tenant’s expense
The tenant must handle:
- Minor repairs needed due to normal wear and tear.
- Small fixes, such as replacing light bulbs, repairing leaking taps, or fixing blinds.
For instance, if a blind stops working due to daily use, the tenant must repair it. Additionally, if a damage results from improper use or negligence, the tenant will be responsible for covering the repair costs.
How to avoid conflicts between landlords and tenants?
To avoid misunderstandings, it’s essential to clearly outline repair responsibilities in the rental agreement. Although the LAU provides general guidelines, including specific clauses in the contract can help prevent many issues.
For example, you can specify what types of repairs each party considers “minor” or outline procedures to manage urgent repairs.
What about urgent repairs?
There are situations where an urgent repair is required, such as a water leak that could cause significant damage to the property or neighbouring units.
In such cases, if the landlord is not available to resolve the issue quickly, the tenant can carry out the repair immediately and subsequently request reimbursement from the landlord. It’s important for the tenant to keep all receipts and documentation to justify the urgency and costs incurred.
Practical tips to avoid problems
Here are some tips to prevent conflicts related to repairs in a rental property in Spain:
- Maintain clear communication. Both the landlord and tenant should keep an open dialogue to address any repair issues promptly.
- Review the contract. Ensure that the rental agreement includes a section outlining maintenance and repair responsibilities.
- Keep receipts. Both landlords and tenants should save any repair receipts in case of disputes.
Thinking of buying a property in Spain to rent out?
If you’re considering buying property in Spain as an investment, it’s essential to understand the maintenance responsibilities involved. As a landlord, you’ll need to keep your property in good condition to offer tenants a safe and problem-free rental experience.
At Casilla de Costa, we offer a range of properties in Fuerteventura, a prime destination for those looking to invest in the Spanish real estate market. If you’re interested in earning rental income from your property, contact us through our form. We’ll help you find the ideal property and guide you through every step of the process.
