2023-08-08 13:33:37
The home is that space where we develop most of our lives, since within these four walls we eat, sleep, spend time with the family or even telework. Therefore, it is not surprising that its habitual use materializes in damages and, consequently, in reforms that must be carried out to correct them.
In a rental apartment, “the landlord must take care of all the necessary repairs to maintain the habitability of the home” such as breakdowns or problems derived from the passage of time, according to article 21 of the Urban Leasing Law (LAU). In addition, this regulation also establishes that the landlord can carry out works with tenants inside, although “with some conditions”, explains the real estate portal Fotocasa.
conservation works
With regard to conservation works, the landlord is obliged to carry them out while the tenant is inside the home “when the execution of a conservation work cannot reasonably be deferred until the conclusion of the lease.” Therefore, the tenant will have to bear these works “even if it is very annoying or during it he is deprived of a part of the house”, establishes article 21.1 of the LAU. And, in no case, may the rental amount be increased to recover what was spent on these reforms.
However, the same regulations establish that if the work lasts more than twenty days, the rent payment must be reduced in proportion to the part of the house that the tenant is deprived of. For example, if we are the owners of a property that measures 100 square meters, which we rent for 1,500 euros per month and requires conservation work in the kitchen, bathroom and dining room – which represent a third of the total housing, about 35 meters squares–, the rental income must be reduced by 500 euros if it lasts more than twenty days, so it will become 1,000 euros, explains the real estate portal.
improvement works
Improvement works are regulated by article 22 of the current regulations, and this establishes that the tenant must support the works “whose execution cannot reasonably be deferred until the conclusion of the lease”. He further points out that from the first day, “the lessee who supports the works will have the right to a reduction in rent in proportion to the part of the house that is deprived of because of those, as well as compensation for the expenses that the works force him to do.”
Likewise, the regulations ensure that “from the notification of the works, the lessee may withdraw without penalty unless the works do not affect or affect the leased property in an irrelevant way.” And it adds that “the lease will expire within a period of two months from the withdrawal, during which the works will not be able to begin.”
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