WHEN DOES THE LANDLORD HAVE TO TAKE CARE OF THE REPAIRS OF THE LEASED HOUSING AND WHEN NOT?

12 Aug WHEN DOES THE LANDLORD HAVE TO TAKE CARE OF THE REPAIRS OF THE LEASED HOUSING AND WHEN NOT?

In general, the answer is that the landlord has to carry out the necessary conservation works at his expense, unless they are attributable to the tenant (i.e. and in general: those that are for damage caused by the tenant) or are small repairs.

However, jurisprudence (the interpretative criteria of judges) and the large number of possible cases and situations make it very difficult to provide indicators that serve all cases.

That is why it is very necessary and useful that when making the lease contracts or adding clarifying clauses to those in force, those repairs that will be considered small and that will be borne by the tenant are reflected in a list. Such listings, if deemed insufficient or complex, may also be replaced by establishing a criterion with reference to the amount of the repair. So those that are, for example, lower in cost to a certain percentage of the rent are borne by the tenant and the rest borne by the landlord.

Notwithstanding the above, while an objective criterion may help distinguish when we are on an expense of one or the other of the contractors, the fact is that the subjective component will emerge irremissibly again if there is no conformity in assessing the participation of the tenant in the damage caused. [:]