What repairs in leasings may I make as a tenant?

Yes, tenants can do repairs in their rented homes, but only under certain circumstances and with permission.

29 May 2023 min de leitura

If you are a landlord, know that you have obligations under the urban lease law regarding the works on the leased property. If you are a tenant, take note: your landlord has obligations towards you, but you can also take charge of specific situations, such as works. But no, it doesn't mean that everything is up to you.

To fit you in, there is something essential that you must retain above all: preserving the state of the property. This is your main role as a tenant, and your landlord must take primary responsibility for the long-term maintenance and preservation of the dwelling. For the same reason, repairs are one of the most critical points in a healthy tenant/landlord relationship.

It is the landlord who makes the all works?

Not necessarily. Under the New Regime of Urban Leasing, the law states that the landlord is responsible for works on a rented house or building, but there may be exceptions. But according to article 1074, it is guaranteed that it is the responsibility of the latter:

Ordinary conservation works: repairs and general cleaning.
Extraordinary conservation works: electrical maintenance of the building and the property, infiltrations, cracks in the walls or other malfunctions.

When can the tenant request repairs?

If you are a tenant, you can request repairs whenever they are justified. The tenancy law is on your side, but you will need to let your landlord know the need for the repair and why (for example, roof inspection and insulation in case of leaks). You must always request by registered letter with acknowledgment of receipt and wait for the landlord's instructions.

But be careful! The work can only be requested (and guaranteed by law) if you are taking very good care of the property. If there is misuse on your part, the landlord can refuse, and rightly so, to carry out the work in question.

Works to be borne by the tenant: when and in what cases

As a tenant, you may have to take charge of some works, either urgently or simply because you would like your rented house to be more in line with your style and personality. Whether it is, for example, a kitchen renovation, remember that you can only carry it out if:

It is an agreement made at the signing of the lease;
You obtain authorization from the landlord to do a framing more to your liking;
There is urgency (it is important to see the context of these works later on).

Usually any minor work needed to maintain the house can be done by the tenant. For example, something as simple as making a hole for shelves is feasible - provided that at the end of the contract it is retrived so that the property is delivered as it was at the beginning of the contract.

For larger works that may alter the property, as a tenant you can do so if you have written permission from your landlord. Our tip is that you leave everything written - the request and the authorization, so that at the end of the lease there are no surprises and refusal to return the deposit.

However, there is another case in which you, as a tenant, can carry out works - urgently. That is, if you have a serious problem in your home that puts your life at risk, you should and can speed up the repair/work process as necessary.

The urgent character allows you to move forward, but you will always have to contact the owner, for example by phone, and show that it is really necessary. These cases are covered by law and determine that the tenant can move forward, but that the landlord still pays – you will only have to present the final bill, duly justified.

Source: Idealista