What is the difference between works of conservation and improvement? How far in advance should contact the owner a tenant? Can the tenant pose a reduction in income caused by disorders? To address these and other issues must differentiate first, between:
Condition: are the repairs necessary to keep the house in an ideal state to be inhabited
Improvement: are not indispensable to the maintenance of housing but only increase the quality and comfort of the property
In the case of conservation work, the owner is required to make necessary repairs to keep the home in habitable condition -always that the deterioration is not the responsibility of the tenant and, therefore, it can be imputed- and no increase rent the tenant. The tenant must notify the landlord as soon as possible, the need to carry out the repair.
If the work exceeds 20 days, the owner is obliged to decrease the amount of rent the tenant in proportion to the share of housing whose use is being deprived. However, the wear property for everyday use – blinds, etc. always borne by the lessee.
In the case in question of improvement works, the lessee is obliged to endure if it unfeasible to wait until the end of the contract. In this case, the landlord must notify the tenant in writing to work with at least three months in advance, indicating the nature of the repair, the date of commencement of work, the duration and estimated cost. In addition, the tenant will have one month from the notice to terminate the contract if the works affective sharply the use of housing. If that were the case, the landlord cannot begin work until two months have elapsed since the withdrawal of the contract. But if the tenant decides to support the works, he is entitled to a reduction in proportion to the part of the house that is not enjoying income, as well as compensation of expenses that the works may cause you. Of course, the tenant may refuse to carry out the works long as they can prove they are not justifiable and that these may be postponed.
Once carried out the works, Can the landlord raise the rent to the tenant? The landlord to carry out the improvement works once after the first three years of the contract shall be entitled to raise the rent considering specific conditions and circumstances, unless otherwise agreed.
The corresponding rent increases will occur in the year following the completion of the work month. The owner must notify the tenant in writing the amount of the rise and calculations that have determined. This notice must be accompanied by copies of documents showing the cost of the works carried out in the home. However, the improvement works that have made the owner before the first three years are not entitled to increase the rent, even after that deadline met.
What if it is the tenant who wants to do work? The tenant is authorized to perform some works without consent of the owner, such as urgent conservation works or repairs, minor repairs or adaptation works , installation or development of housing, including those necessary to adapt it to the status of disabled. However, the law establishes some cases urban leases where the tenant needs the prior written consent of the lessor.
This is the case of works involving a modification of the structural elements of the house or a decrease in the security of it and, therefore, involves the risk of landslides. If the tenant fails to obtain the written consent of the owner, the latter may prompt termination of the contract and require the tenant to replace the property to its previous state or preserving the work carried out without the tenant is entitled to will pay the cost of the play.
In addition, for leases entered after June 6, 2015, you can freely agree by the parties that, during a specified period, the obligation to pay income be replaced wholly or partially by the commitment of the tenant to reform or rehabilitate the property under the terms and conditions agreed. At the end of the lease, the tenant may not seek, in any case, additional compensation for the cost of the works in the house. Failure by the lessee of the completion of the works in the agreed terms may be grounds for termination of the contract.