Knowing what expenses the owner pays and which correspond to the tenant is one of the main questions that arise when signing a rental contract. Although the Urban Leasing Law (LAU) sets some general rules, some costs can be distributed differently if expressly agreed in the contract.
Knowing what obligations each party has helps to avoid conflicts and claims during the term of the lease.
The law distinguishes between maintenance expenses and those derived from the use of the home
The regulations clearly distinguish between the expenses necessary to maintain the home in habitable conditions, which correspond to the owner, and those that arise from the daily use of the property, which must be borne by the tenant.
Thus, the landlord is obliged to keep the home in suitable conditions for living in it throughout the duration of the contract, while the tenant must take care of the ordinary expenses generated by its use.
This difference serves as a reference to resolve most conflicts related to the rental.
Major repairs correspond to the owner
The owner must bear the cost of all necessary repairs to maintain the home, as long as the damages were not caused by negligent use by the tenant.
These include breakdowns in the general electrical installation, plumbing problems, dampness caused by structural defects, repairs to the roof or facade, as well as the replacement of a boiler or other elements of the home when they stop functioning due to the passage of time or natural wear.
In these cases, the owner cannot increase the rent to pass on the cost of these maintenance works, as they are part of their legal obligations.
The supplies are paid by the tenant
As a general rule, the tenant must take care of the supplies individualized by meter.
This includes the bills for electricity, water, gas, internet, or telephone, as they are expenses directly linked to the daily use of the home.
While the contract is in force, it will be the tenant who assumes these payments, unless the parties have agreed otherwise.
Who pays the homeowners' association and the IBI?
One of the aspects that generates the most doubts is the payment of the homeowners' association and the Property Tax (IBI).
The general rule establishes that both expenses correspond to the owner. However, the Urban Leasing Law allows them to be transferred to the tenant as long as there is an express written agreement and the contract indicates the annual amount of such expenses at the time of signing.
If that clause is not included in the contract, the owner will remain responsible for paying them.
Small repairs correspond to the tenant
The legislation also establishes that small repairs resulting from wear and tear from ordinary use must be assumed by the tenant.
Changing a light bulb, replacing a faucet washer, repairing a cistern, or fixing a blind that has deteriorated from use are some of the most common examples.
The same does not happen when the breakdown is due to a prior defect, the aging of the facilities, or a structural problem of the housing, as in those cases the responsibility falls back on the owner.
Who pays if the boiler or an appliance breaks down?
The answer depends on the origin of the breakdown.
If a boiler, a refrigerator, or any other appliance included in the rental stops working due to age or normal wear, it will be the owner who must replace or repair it.
On the other hand, if the damage has been caused by improper use, lack of maintenance, or negligent action by the tenant, it will be the tenant who has to take care of the repair.
Precisely determining what the cause of the problem is one of the aspects that generates the most conflicts between owners and tenants.
Special assessments and building works correspond to the owner
The extraordinary assessments approved by the community of owners to rehabilitate the façade, install an elevator, renew the building's roof, or undertake energy efficiency improvements correspond to the owner of the dwelling.
These expenses are linked to the ownership of the property and cannot be automatically transferred to the tenant, unless a specific regulation provides otherwise.
The owner cannot charge any expense to the tenant
Although the Urban Leasing Law allows for agreements that certain expenses be paid by the tenant, not everything can be passed on to the tenant.
The conservation works, structural repairs, the replacement of deteriorated elements due to age, or extraordinary expenses continue to be the responsibility of the owner.
Therefore, before signing a rental contract, it is advisable to carefully review the clauses related to expenses, as only those that comply with the requirements established by law will have full validity.
Summary table: what the owner pays and what the tenant pays
| Concept | Owner | Tenant |
|---|---|---|
| Structural repairs | Yes | No |
| Moisture due to building defects | Yes | No |
| Replacement of the boiler due to age | Yes | No |
| Extraordinary expenses | Yes | No |
| Facade, roof, or elevator | Yes | No |
| Community of owners | Yes, unless agreed otherwise | Yes, if agreed |
| IBI | Yes, unless agreed otherwise | Yes, if agreed |
| Electricity | No | Yes |
| Water | No | Yes |
| Gas | No | Yes |
| Internet | No | Yes |
| Minor repairs due to ordinary use | No | Yes |
| Damage caused by misuse or negligence | No | Yes |
Note: The community of owners and the IBI can only be transferred to the tenant when the contract expressly establishes it and includes the annual amount of those expenses.