Relations between homeowners and tenants can become strained if both parties do not ensure the proper condition of the apartment. In many cases, disputes over who should paint the walls or fix the washing machine can lead to claims and conflicts. They can be avoided by drawing up an incoming property inventory report (inventario de entrada), which describes in detail the contents of the property and its condition.
It is advisable that on the first day both the tenant and the landlord jointly inspect the property and record in writing the condition of the walls, floors, appliances and furniture, and also attach dated photographs. This document must be signed by both parties.
Thus, if the landlord wants to withhold money from the tenant’s security deposit at the end of the contract, he must prove that the damage occurred during the tenant’s occupancy, and vice versa. It also relieves the tenant of liability for previous damage: if, for example, there was already a stain on the sofa or the oven did not work, an inventory of the property allows you to avoid penalties when moving out of the apartment, while simultaneously protecting the landlord from damage for which he is not responsible.
Painting walls and normal wear and tear of the home
Regarding painting of premises, the LAU does not specifically regulate who should paint a rental property, so the decision must be based primarily on common sense. The owner will be required to do this at his own expense if the need to restore the original color of the walls is due to the passage of time and normal wear and tear caused by normal use of the property.
At the same time, if the wear and tear of the walls is the result of improper or negligent handling on the part of the tenant, he must bear the costs himself. Neglect includes not only impacts or severe stains, but also dampness caused by lack of proper ventilation. If the tenant wishes to paint the walls during the tenancy, they must seek written permission from the owner – especially if a different color would be chosen as a result.
Breakdown of household appliances
A washing machine that stops spinning, a dishwasher that leaks water, or a refrigerator that doesn’t cool well are among the most common breakdowns in a rental apartment, and also among those that cause the most conflict. The general rule is clear: if an appliance fails due to wear and tear or its own fault, repair or replacement is the landlord’s responsibility.
The situation changes if the damage is the result of negligence on the part of the tenant. Regularly overloading the washing machine, loading the dishwasher with inappropriate items, or using appliances without following basic instructions are examples of situations in which the tenant must bear the cost. In addition, some contracts provide for a condition according to which repairs, the cost of which does not exceed a certain amount, usually from 100 to 150 euros, are paid by the tenant, regardless of the reason.
Minor repairs in a rented apartment
In a rented apartment, there is a category of minor repairs for which responsibility is not always clear: a dripping faucet, a burnt-out light bulb, a loose door handle, or a toilet that doesn’t flush properly. LAU makes a distinction between repairs necessary to maintain the livability of the property, which are the responsibility of the owner, and minor repairs due to wear and tear due to normal use, which are the responsibility of the tenant.
In practice, this means that replacing a light bulb, replacing a faucet seal, or adjusting a hinge is the responsibility of the tenant. At the same time, if the mixer drips due to an internal malfunction of the system, if the drain pipe is clogged, or if the boiler loses pressure for no reason related to operation, responsibility falls on the owner. The problem is that the line between these two situations is not always clear, and this is where friction usually arises.
Why is it important to report breakdowns immediately?
A pipe that starts dripping water, an outlet that makes a strange sound, or a kitchen hood that stops working properly – any simple breakdown can turn into a serious problem if it is not reported to the owner immediately. The tenant must notify of such situations immediately upon discovery – preferably by email or via instant messengers, so that a trace of the message remains. Delay in notification can aggravate the damage and turn a minor repair into a more serious claim.
Residential complex rules and changes in the apartment
The rules of the residential complex are binding on all persons living in the building, regardless of whether they are the owners or not. Therefore, the tenant is responsible for maintaining good relations with neighbors throughout the entire period of occupancy. Noise, unauthorized construction, or improper use of common areas will result in penalties that may directly affect the tenant, according to the written contract provisions.
Any changes to the property – such as, for example, placing objects on the walls, changing locks, installing air conditioning – require the explicit consent of the owner. Without appropriate permission, the tenant may be required to restore the original condition at his own expense.
Furniture, pets and additional contract terms
A sofa with worn upholstery after five years of use, a mattress that has sagged in the middle, or dishes with broken items are common causes of disputes at the end of a lease. The problem, again, is distinguishing normal wear and tear due to the passage of time, for which the owner must be responsible, from damage caused by careless or negligent handling, for which the tenant is responsible. Replacing badly worn furniture before renting out an apartment not only avoids conflicts, but also makes it possible to better justify the amount of rent.
The owner may include provisions in the contract that limit or condition the keeping of pets on the premises. To avoid problems, it is best to make it clear from the outset whether this is permitted and, if so, under what conditions. Some landlords require an additional warranty in case of possible damage. In any case, the tenant is responsible for damage caused by his animals and must leave the apartment in the same condition in which he received it.
Handing over the keys and returning the deposit
The last day of living in an apartment can be the most controversial of all if it is not organized properly. The landlord and tenant must jointly inspect the property, compare its condition with the original inventory, and agree whether there is damage for which the tenant is responsible. Signing the act of handing over the keys allows you to avoid claims appearing in a few weeks that the tenant will no longer be able to challenge.
As for the deposit, the Urban Rental Law obliges the landlord to return it within a maximum of one month from the date of handing over the keys. If he fails to do this within the prescribed period, the tenant has the right to also demand payment of legal interest on the amount of the deposit.
For owners who want to minimize risks and transfer management of the property to specialists, this service is relevant renting out real estate in Spain. For tenants, in turn, it is important to carefully check the condition of the property, the terms of the contract and additional obligations in advance, especially when it comes to selection of apartments for rent in Spain. An additional measure of protection for the owner may be property insurance in Spain, especially if the property is regularly rented out.
