Who is responsible for repairs in a rental apartment?

Who is responsible for repairs in a rental property (primary residence)?

When signing a rental contract for a property used as a primary residence, a common question arises: who must pay for repairs when something breaks? The tenant, the landlord, or both depending on the situation? The answer is not always simple, but the Spanish law Ley de Arrendamientos Urbanos (LAU) provides a clear framework that helps define responsibilities.

1. Legal framework: Ley de Arrendamientos Urbanos (LAU)

• Article 21 of the LAU establishes that the landlord is obliged to carry out all necessary repairs to keep the property in habitable condition, without being able to increase the rent.
• However, there are exceptions: if the damage is due to negligence or misuse by the tenant, the tenant may be held responsible.
• In addition, section 4 of the same article states that small repairs resulting from normal wear and tear are usually the responsibility of the tenant.

2. What is considered a “repair necessary for habitability”?

• These are breakdowns or defects that affect structural elements or essential systems needed for the home to remain habitable—for example, leaks, electrical installation problems, or the heating system.
• Generally, the landlord must cover these costs because they are essential for ensuring the home remains suitable for living.
• If the tenant reports an urgent issue (e.g., a water leak that could cause damage), the LAU allows them to act on their own, after notifying the landlord, and later claim reimbursement.

3. What about small repairs?

• According to the LAU, minor repairs due to normal use of the property are the tenant’s responsibility.
• Common examples include dripping taps, light bulbs, blinds, locks, or sockets.
• Some legal analyses use an approximate cost threshold: below around €150, some rulings and lawyers consider it a “minor repair.”
• It is also relevant to determine who caused the damage: if it is normal wear and tear, it may be the tenant’s responsibility; if caused by misuse, the tenant must pay.

4. Appliances and installations

• If the property is rented with appliances (fridge, washing machine, etc.), the landlord is usually responsible for their maintenance, provided there has been no misuse by the tenant.
• If an appliance breaks due to age, wear, or a normal fault, it is normally the landlord’s responsibility to repair or replace it.
• If the breakdown is due to the tenant’s negligence or misuse, the tenant may have to cover the cost.

5. The importance of reporting breakdowns

• The tenant must notify the landlord as soon as possible when a repair issue arises.
• It is advisable to do so in writing (email, message, burofax…) to keep a record.
• If the landlord fails to act and the repair is urgent, the tenant may proceed (after notifying the landlord) and later request reimbursement.
• To claim it, invoices, estimates and proof of payment must be kept.

6. Recommendations for tenants and landlords

For tenants:

1. Check the contract carefully before signing: verify which maintenance tasks and repairs correspond to each party.
2. Always report repairs in writing and as soon as you detect them.
3. If you must handle an urgent repair yourself, request an estimate, invoice, and keep everything to claim reimbursement.
4. Do not ignore small repairs: they can become worse if unattended.

For owners:

1. Make sure the property meets minimum habitability standards from the start and throughout the rental period.
2. Address necessary repairs quickly: maintaining the property in good condition is a legal obligation.
3. If you delegate maintenance to a company or manager, specify in the contract how breakdowns and “minor repairs” are to be handled.
4. Keep all receipts and proof of expenses to justify interventions.
5. Conclusion

In summary, there is no single rule for all breakdowns in a rental property: responsibility depends on the type of repair, its urgency, its origin, and who caused the damage.

• The owner has the legal obligation to carry out repairs necessary to maintain the property’s habitability.
• The tenant must take care of minor repairs due to normal wear and tear, and any damage caused by themselves or their family.
• Communication between both parties is essential: reporting issues on time, documenting everything, and acting according to the LAU helps avoid conflicts.

If you are going to rent a property under a primary residence contract, always do it with a professional.

At Som Menorca, we ensure legal security and proper management from the start, guaranteeing peace of mind for both landlord and tenant.