Who pays for repairs in a rented flat?
When a property is rented out, it is not always clear which repairs are the landlord’s responsibility and which belong to the tenant. Understanding this distinction properly helps avoid conflicts and manage the property more safely.
Which repairs are the landlord’s responsibility
One of the most common questions among landlords is which costs you must cover when a fault appears in a rented property. The general answer is straightforward: the landlord must take care of the repairs needed to keep the property in a habitable condition. In other words, those actions that allow the property to remain suitable for normal living.
This usually includes, for example, major faults in installations, structural problems, significant damp, failures in elements that do not depend on the tenant’s daily use, or replacements due to natural wear and tear. It may also include repairs to appliances or equipment if these were provided with the property and the problem is not due to misuse.
It is worth distinguishing between repairing and improving. If the work is essential for the property to function properly, it will normally fall to the landlord. If it is a voluntary improvement, the situation may change and should be assessed case by case.
Which repairs usually fall to the tenant
As a general rule, the tenant is responsible for small repairs arising from the ordinary use of the property. This includes, for example, minor replacements, simple adjustments or repairs caused by normal day-to-day wear and tear, provided there is no underlying problem with the property.
It is also important to distinguish misuse from normal wear and tear. If a fault is caused by incorrect use, negligence or lack of care, the landlord may ask the tenant to cover the cost. That said, clear evidence is advisable and it is best to act with caution, because each case can be interpreted differently.
Many disputes arise precisely because this difference was not made clear from the start. That is why, as well as the contract, it is very useful to draw up a detailed inventory of the condition of the property, its fittings, and any appliances or furniture included in the rental.
How to act when a fault arises
When the tenant reports a problem, the best approach is to respond quickly and ask for a clear explanation of what is happening. In a rented property, a slow response can make the fault worse and create unnecessary friction. If possible, ask for photos or videos and, if the issue requires it, arrange a visit or request a professional assessment.
Before agreeing to the expense, it is wise to establish three points: what has failed, what caused it, and who should pay according to the contract and the applicable regulations. In some cases, it may seem obvious that it is the landlord’s repair, but in others it will be necessary to rely on a technician’s opinion.
If the property is insured, also check whether the incident may fall within the policy. Not all incidents are covered, but it is worth checking before paying for a repair entirely at your own expense.
How to avoid conflicts with the tenant
The best way to avoid disputes is to prevent them. A well-maintained flat, with regular inspections and organised paperwork, gives much more peace of mind to both landlord and tenant. If the property is in an area such as Madrid with high rental demand, taking care of these details also improves the tenant’s experience and protects the value of the property.
It is advisable to set out in writing in the contract practical matters such as the condition in which the property is handed over, the items included, the procedure for reporting faults and how urgent repairs are to be handled. The clearer everything is from the outset, the less room there will be for misunderstandings.
It also helps to act with commercial judgement: not every issue needs to be dealt with as an absolute emergency, but neither is it wise to delay repairs that may lead to a bigger problem. A landlord who manages these situations well will usually keep the tenant for longer and reduce turnover.
If you rent out or are thinking of renting out your property and want to do so with more security, you can consult our service for renting a flat in Madrid or ask for direct guidance via contact. At UBICASA we help you assess each case with a practical and professional approach.
Review the contract and seek advice
Although the general regulations set out fairly clear lines, each property and each contract can introduce important nuances. That is why, when faced with a repair of significant cost or a doubtful situation, the most prudent course is to review the documentation and seek professional advice before making a decision.
This is especially useful if the property has several high-use items, if it is rented furnished, or if the tenant raises recurring issues. In such cases, good preventive management can save you money, time and conflicts.
If you want to rent with more peace of mind and protect your assets, at UBICASA we can help you review your case from our office at Calle Montesa 29, Madrid, from Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.