We recently had a client visiting our law office in Marbella with a question regarding which works at a home rented in Spain he could carry out on the property and which ones he could not.
Having clarified the client’s doubts, at Welex we thought it would be a good idea to give our readers some guidance on what type of works at a home rented in Spain can be carried out and by whom. So let’s get to work!
Before continuing, we would like to clarify that in this blog, we will refer to those works that are carried out in a home that has been rented in Spain, not the others that are carried out in properties for other use different than housing, for example, commercial premises, or garages.
Type of works at a home rented in Spain
The urban leasing law in Spain differentiates between conservation and improvement works.
Conservation works at a home rented in Spain
With regard to CONSERVATION WORKS, the law tells us literally that “the landlord in Spain is obliged to carry out, without the right to raise the rent, all the repairs that are necessary to maintain the property in the conditions of habitability to serve the agreed use”, unless this deterioration appears as a consequence derived from the misuse of the tenant or people who live with him.
About these conservation works at a home rented in Spain, which must be performed by the lessor (owners), we have to take into account the following:
– Those are necessary works so that the property can be inhabited in suitable conditions.
– The costs of these works are assumed by the landlord, unless the deterioration has been caused by a negligent action of the tenant.
– The lessee must allow the lessor or the technicians that he has contracted to carry out the work to access the property, and the work could be postponed until the end of the rental contract, provided that it is not necessary or urgent.
– These maintenance works cannot result in an increase in rent.
– If it is necessary to spend more than 20 days to carry out the maintenance work, the tenant is entitled to a reduction in rent in proportion to the part of the property that cannot be used.
– The lessee must notify the lessor as soon as possible of any breakdowns or damage and may proceed with this type of conservation work, provided that he notifies the lessor, and may subsequently claim the paid amounts.
Improvement works at a home rented in Spain
On the other hand, IMPROVEMENT WORKS would be those works that are not indispensable for living in the property but can affect the quality of life of the people who live there. Those would be works that affect the hygiene, salubrity, or the comfort of the property. According to the Spanish Urban Leasing Law, the following are characteristic of these improvement works:
– They are works supported by the tenant and paid for by the owner of the dwelling in Spain.
– The landlord must notify the tenant in writing, at least three months before the work is to be carried out, about its nature, commencement, duration, and cost. The lessee may withdraw from the rental contract during a period of one month from the date of notification by the lessor. The lease shall terminate within two months of the date of notice of termination and during that period the lessor may not commence work.
– If the tenant agrees to these improvement works, he is entitled to a reduction in rent in proportion to the part of the property that cannot be used.
Finally, Article 23 of the law talks about “TENANT’S WORKS” to tell us that the tenant cannot carry out works that “modify the configuration of the property” without the written consent of the landlord. Welex, your lawyer in Marbella, advises that if you are a tenant, always request in writing the authorisation of the landlord to carry out any kind of work, or at least inform the landlord that you are going to start them.
If you do not have the writing authorisation from the landlord, the rental contract could be terminated.
In the cases where there is no authorisation for works at a rented home in Marbella, at the end of the contract, the lessor may demand that the property must be restored to its previous state or keep the modification made, without the lessee being able to claim any compensation, nor any indemnity for the work that was carried out at the time.
It will be necessary to study each specific case and evaluate the type of works that are carried out within a rented property. The Welex professional team will advise you on these matters.
Do not hesitate to contact us.