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When renting a property, questions may arise about who is responsible for repairs and maintenance. Both tenants and owners have specific responsibilities, and understanding them is crucial to avoiding conflicts and ensuring the property remains in good condition. Without a clear agreement, disputes can arise, complicating coexistence and affecting the contractual relationship between both parties.
In many cases, issues occur when unexpected repairs are needed, and neither party is sure who should cover the costs. While the law establishes general guidelines, each rental contract may contain specific clauses that modify these responsibilities. Therefore, it is essential to carefully review the signed agreement before making any repair-related decisions.
Below, we outline which repairs fall under each party’s responsibility according to current legislation and best practices in the rental market.
Repairs covered by the owner
The owner is responsible for ensuring that the rental property is in suitable living conditions. This means they must cover the costs of:
- Structural repairs: issues with walls, ceilings, floors, and other construction elements.
- Essential systems: malfunctions in plumbing, heating, electrical supply, or water systems.
- Appliances included in the lease: if the rental comes with appliances provided by the owner and they stop working due to normal wear and tear, the landlord is responsible for their repair or replacement.
- Damage not caused by the tenant: if an issue arises due to the property's aging or external factors unrelated to the tenant’s use, the owner must resolve it.
Repairs covered by the tenant
The tenant, on the other hand, is responsible for maintaining the property in good condition and making minor repairs resulting from daily use. These include:
- Small fixes: replacing light bulbs, minor faucet or blind repairs, and other non-structural issues.
- Property maintenance: cleaning air conditioner filters, unclogging drains due to accumulated debris, and other basic upkeep.
- Damage caused by misuse: if the tenant causes damage, whether by accident or negligence, they are responsible for covering the repair costs.
Special cases and recommendations
- Urgent repairs: in cases where an urgent repair is necessary to prevent further damage (such as a water leak), the tenant should inform the landlord immediately. If the owner does not respond quickly, the tenant may proceed with the repair and request reimbursement.
- Contract clauses: it is crucial to review the lease agreement, as it may include specific provisions regarding each party’s repair responsibilities.
- Home insurance: both tenants and owner can obtain insurance that covers accidental damage, which can help prevent disputes and unexpected expenses.
Understanding repair responsibilities in a rental property helps prevent misunderstandings and conflicts. Generally, the owner handles structural problems and major repairs, while the tenant takes care of maintenance and minor fixes. Reviewing the lease agreement and maintaining clear communication will help manage any issues effectively.