Question
I am in process to sign a contract for the flat and there it is written that all the maintenance is on me. Is that even legal? It is a new flat so maybe nothing will break but seems a bit overboard especially with instalaciones de agua, gas, electricidad, etc. What do you think? Are such things usually negotiable?
“… el mantenimiento, conservación y reparación de la vivienda y sus instalaciones interiores de agua, gas, electricidad, calefacción, cocina, baño, bidé, grifos, inodoros, lavabos, calentador, caldera, máquinas de aire acondicionado, antena TV y en particular todos los desagües, atascos, arreglo de la cocina, fregaderos, lavaderos, tuberías, como también la conservación, reparación y sustitución de persianas, dicho todo ello de forma meramente enunciativa y no limitativa.”
Answers
These are the answers of some Facebook group members:
“You are expected to get a home insurance. It is not uncommon if the prize of the flat is reasonable. Often owners of flats complain that tenants are so careless that they need to spend so much to fix damages that it is not worth renting.”
“I have the same on my contract, I asked for explanation and this is what I got. I wasn’t very convinced but it’s a really good flat with an okay price so I signed it… Now that I live here I’ve called out the shower drain not working and a broken shutter and they sent someone to fix it both times. So it doesn’t seem like they actually expect me to repair anything. (Not advising to sign as is, just sharing my experience)”
“In most countries maintenance is always on the tenant (make exception for short term rentals like airbnb). Just when things break down or become irreparable, it’s on the landlord. Spanish landlords will not move a finger. And yes, it’s negotiable, but don’t be astonished when they refuse you as a tenant.”
“They can write almost anything into the contract. You can sign or not. Sometimes it depends on the market. When there is a shortage of good flats they will put more into contract.”
“You can sign it and rest easy knowing that it’s not enforceable. Whatever people tell you, it doesn’t matter what the contract says if the law makes that clause null (any clause that contradicts the law is null whether you willingly signed it or not). The only repairs that you’re responsible for are those caused by your own misuse, or reasonable wear-and-tear that is expected to happen in the time you’re in the flat. Wear and tear would be, for example, the handle of a kitchen cabinet coming off after a year, that sort of thing. Additionally, anything that is necessary for the habitability of the flat (electricity, cooking, hot water, working taps etc) is the landlord’s responsibility, again, regardless of what the contract says.
Join the tenants’ union Sindicat de Llogateres, it’s 50EUR a year, and you get as much free legal advice, representation and general support as you need. And you are almost certainly going to need it, because landlords will try to fleece you at every opportunity.“
