The landlord is responsible for the tenants

What the theory saysThe premise on which we start is clear and is set out in the form of Law. Specifically, in the Law 29/1994 of Urban Leases (LAU), where Article 21 referring to the Conservation of the dwelling indicates that “the lessor is obliged to carry out the necessary repairs for the conservation of the leased dwelling in conditions of habitability to serve the agreed use”. However, as the law goes, so goes the ‘trap’, since it also contemplates ‘the exception’: “except when the deterioration of whose repair is attributable to the lessee”. In other words, to conserve is not the same as to repair.

What the practice saysIt is clear that repairs for conservation that guarantee habitability are the responsibility of the lessor, but what are those in which the use of the lessee obliges him to pay for this element? There are some elements that generate debate. For example, who should pay for the repair of a boiler, a pipe or a shutter, which have already been used before the current tenant?

Who is responsible for a rented property?

The tenant is initially responsible for any damage to the rented property caused by his own fault or that of the family members with whom he lives.

Who is responsible for repairs in a rented apartment?

As should be specified in your lease, and as stipulated in the Urban Lease Law, the landlord is responsible for making all necessary repairs to keep the property in habitable condition.

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Who has to take care of the moisture?

The owner’s responsibility for dampness

Treating dampness and repairing it is considered an obligation. Thus, landlords must ensure the integrity of their property. In addition to maintaining its value, making it safe for their tenants to live there. Mold can cause many health problems.

What to do if my landlord doesn’t fix dampness

If in another post we explained why it is highly advisable to take out home insurance for a second home, now we are talking about rental properties. Whether you are a landlord or a tenant, you may have wondered who is responsible for taking out home insurance, and more specifically, civil liability coverage.

The building is understood as the set of elements that form part of the construction of the dwelling: walls, roofs, floors… and also the fixed installations, such as water and gas pipes, electrical and telephone wiring, heating and sanitary wiring.

The contents are made up of all those personal objects included in a dwelling or in its annexed dependencies, such as a storage room, provided that it is located in the same building or enclosure. Here we would include furniture, household appliances, clothes, food… It may be of great interest for the owner of the dwelling to also cover the contents and thus protect the belongings left in the dwelling for the tenant’s use.

Who pays for condensation dampness, tenant or landlord?

In these cases there is no defect attributable to common elements, so the solution must be borne by the homeowner.

When can a landlord enter a rented apartment?

Laws protecting the tenant

Thus, after signing the lease and except when the tenant has committed a very serious misdemeanor, the landlord cannot enter the tenant’s home except with the tenant’s permission.

Who pays for boiler maintenance in a rented apartment?

The obligation to check the services of the dwelling corresponds to the lessor. This is provided for in article 1554.2 of the Civil Code and article 21 of the Urban Leases Law.

If an appliance breaks in a rented apartment, who pays for it?

The eternal rental question: who pays for repairs in a rented apartment? In many occasions when a breakdown occurs, owner and tenant end up facing this question: why should I pay for it? We give you the answer in this post.

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A chipping in the wall, a shutter that has stopped going up or a water leak are some of the usual accidents that can happen to all of us in our house. However, when we live in a rented house, the first doubt that arises is who pays for the repairs in a rented house.

First of all, you have to know that any problem that occurs must be communicated to the owner of the property and inform him of the type of breakdown or incident and the possible reason. The owner always has to know what has happened in the house and in many occasions, he will be able to help you to solve the breakdown.

When signing the rental contract, a clause about breakdowns or repairs is always specified in the contract. If you consult the Law of Urban Leases, in its article 21, you will find the following:

What does the tenant have to pay?

These include electrical, water, gas or heating installations, as well as maintenance work on the roof, walls or floor of the building, or the repair of damp caused by defects in the building itself.

What to do when you have a damp problem with a neighbor?

The first thing to do is to notify your homeowner’s insurance, who will send an expert to identify the cause and if, as usual, you have included the claim for damages, it will be your insurer who will contact the neighbor’s company or the community and proceed with the claim.

What are the arrangements for the owner Argentina?

Repairs are the responsibility of the landlord

The new law establishes that the landlord must be responsible for any repairs to the property as long as they were not the tenant’s responsibility.

Who must make the repairs in a rented apartment?

Let’s see… If we put for case a building of housings, that can have premises in first floor, lumber rooms and garages, there will be some common zones, that the different proprietors, like the stairs and the portal, that is property of the community of proprietors, that is to say, property of all the proprietors of some property of the building.

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The roofs, which serve to cover the building, not only cover the top floor, they serve to cover the whole building, even the first floor, even indirectly. By roofs are understood the roofs, and also the terraces that cover a habitable floor.

Hello Jorge. I am the owner of a storage room, and as the roof faces the sky, it has a “sandwich” roof. It is leaking water from the rain. In the statutes of the community of the Storerooms, it does not say anything about the roof (if it is privative or not). What I would like to know, is if in this case it is like the last floors of the blocks. That is to say, that although I have that roof, if it is communitarian and if it is the community, who has to fix it and to take charge of the maintenance. Thank you and Greetings.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.