Can my Landlord carry out works to the property, then increase my rent?
We recently had a client visit our law office in Marbella with a question regarding which building 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 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 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 (own- ers), we have to take into account the following works at a home rented in Spain
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 negli- gent 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
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