There is a general lack of knowledge about it various works and alterations that the tenant can carry out in a rented houseas well as who is responsible for repairs and damage that may occur during the rental period.
The Municipal Lease Law (LAU) sets out the rights and obligations of the landlord and tenant and who is responsible for implementing the various reforms.
The ZUN regulates the type of work that the landlord or tenant can carry out under a rental agreement. From Plan Reforma we have analyzed this law and will focus in particular on whether the owner can carry out work when there are tenants in the property and if so, what aspects need to be taken into account. Let’s see!
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What is the possibility for the owner to carry out construction work on his property if tenants live there?
The owner not only has the opportunity, but also You are responsible for carrying out certain activities and reforms of your property. By law, it is your duty to take care of « all repairs necessary to maintain the house livable, » which includes damage and problems caused by the weather and not by the use of the property. However, if the repair is the responsibility of the lessee, he must bear the costs after prior written agreement.
The law states that the owner is responsible for everything the repairs necessary to maintain the habitability of the dwelling.
In fact, if the owner finds that the tenant has made changes to the property without his permission, he has the right to terminate the lease early. Likewise, a tenant can do the same if the landlord fails to make the necessary repairs to keep the home livable.
Can the owner enter the house if work needs to be done?
As a rule, this is not possible, since the owner relinquishes the use of the property during the rental period by renting it out.
However, the LAU provides an exception when the owner has the right to enter the dwelling: he must then examine its state of preservation and determine whether this is the case Improvements are needed to maintain habitable conditions. However, this is only possible with the consent of the tenant. In the event of a refusal by the lessee, he is liable for the damage caused by the refusal of access.
If the owner needs to check the state of conservation of the house or carry out maintenance work, he has the right to enter the property.
How should the landlord proceed when working with tenants in the house?
The owner is entitled to carry out work in the house, even if the tenants live there, insofar as this is necessary to maintain the state of preservation and habitability of the house and cannot be postponed until the end of the tenancy. In other words, the orders must be relatively urgent.
Tenants are obliged to tolerate repair workeven if they are inconvenient or result in the loss of part of the home.
Tenants are therefore obliged to tolerate the work, even if it causes inconvenience or results in the loss of part of the apartment. This is foreseen in the Urban Environmental Lease Law, as we analyzed in the reform plan.
However, if the work lasts longer than twenty days, the rent must be reduced in favor of the tenant in proportion to the part of the accommodation deprived of him. It is important to note that under no circumstances may the amount of the rent be increased to cover all or part of the cost of the reforms, as this would constitute a breach of the regulations.
If the work lasts more than twenty days, The rental payment is to be reduced according to the part of the apartment that was deprived of the tenant.
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For other works not related to housing improvement and therefore not mandatory, these can be carried out provided that both parties who signed the lease agree to it.