Legal framework (NRAU)
Under the New Urban Lease Regime (NRAU), the default rule is that all ordinary and extraordinary conservation works are the landlord’s responsibility, unless the lease agreement provides otherwise.
Types of works
- Ordinary conservation: Routine repairs, cleaning, works ordered by public authorities, and maintenance (for example, repairing electric shutters).
- Extraordinary conservation: Works required because of construction defects or force majeure events (for example, a burst pipe).
- Improvement works: These are not the landlord’s responsibility. Tenants may be entitled to compensation for lawful improvements made to the property, although most contracts stipulate that such improvements must be removed at the end of the lease without compensation.
Key rules for tenants
Urgent works: If the landlord fails to carry out urgent repairs after being notified by registered letter, the tenant may perform the works and seek reimbursement (for instance, by deducting the cost from the rent). If the urgency makes prior notice impossible, the tenant must simply inform the landlord that the works have been carried out.
Small alterations: Tenants may carry out minor changes for comfort (for example, drilling walls) but must restore them before vacating the property.
Marta Vera-Cruz | [email protected]
Sign up for our Newsletter