During the lease, the complications that cause the most confusion between the landlord and the tenant are issues related to the works and repairs of the rented house, especially with regard to the responsibility for assuming the costs of renovations and works that must be done for the conservation and maintenance of the property.
Today we will explain a little more about this subject.
At the owner's expense
There are repairs that are the responsibility of the landlord and are required by law. According to Article 1074(1) of the NRAU: “it is the landlord's responsibility to carry out all ordinary or extraordinary maintenance work required by current legislation or by the end of the contract, unless otherwise stipulated.”
Ordinary works are those caused by deterioration of the building, whether exterior or interior, as well as those resulting from normal use (water leaks, electrical problems, building facade, etc.). However, when the damage is caused by the tenant's fault or negligence, the tenant must repair and replace it.
Extraordinary repairs are those resulting from structural damage and deterioration of the building that may compromise its safety and habitability.
On behalf of the tenant
The tenant may not carry out any work without the landlord's permission: “the tenant may only carry out any work when the contract allows it or when authorized in writing by the landlord,” Article 1074(2) of the Civil Code.
However, if the tenant carries out minor maintenance work, they must always consult the property owner.
It should also be noted that if faults or damage appear that require urgent repairs or restoration, which are the responsibility of the owner and the latter does not take responsibility for them, the tenant may repair the damage at their own expense and will be entitled to reimbursement of this expense or discounts on future rents until the urgent repair that should have been paid for by the landlord has been settled.
Repairs by landlords or tenants depend on the origin of the problem. If the wear and tear is the result of prolonged use, inherent in prudent use, the landlord will make the necessary repairs. However, if there is damage due to misuse, the tenant may be held responsible.
Nevertheless, it is important to always read the contract carefully, as it contains the rights and obligations that are effectively agreed between the parties, and these may have a real influence on the entire contractual scope.
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Source: alugaseguro.pt