Iran Residential Property Maintenance: Obligations vs. Wear & Tear

In Iranian civil law and the residential rental system, the rules governing maintenance, repairs, and the strict division of duties between landlords and tenants follow very clear and established lines. These are deeply rooted in definitive local customs, the Civil Code of Iran, and the explicit text of the Apartment Ownership Act. The primary governing statute, the 1997 Landlord and Tenant Relations Act, became effective on 25 August 1997 (2 Shahrivar 1376) and remains the definitive standard for modern residential maintenance obligations.

As a general and fundamental rule, financial burdens are distinctly categorized into two large, legal buckets: "Major (Structural) Repairs" and "Minor (Wear and Tear) Repairs."

1. Major Structural and Building Repairs (Definitive Landlord Responsibility)

According to the Iranian Civil Code (specifically Article 486), all expenses, preservation, and execution of "major and required repairs" that are absolutely necessary for the "proper use, natural utilization, and survival" of the residential property fall unconditionally and legally upon the owner of the asset (the landlord/lessor).

The rule makes no exceptions for these massive breakdowns unless it can be conclusively proven in court that this severe destruction was directly caused by the tenant's extreme, deliberate vandalism or severe and acute negligence.

Common and Customary Examples of Major Repairs (Landlord's Duties):

• Root Infrastructure (Hidden and Exposed): Massive bursts and erosion of hidden water plumbing and central sewage networks beneath floors or inside walls; heavy, costly repairs to central boiler rooms (Shofazh) during winter; catastrophic failure of electric water pumps and massive storage tanks; and resolving hazards in the main electrical panels and meters.
• Physical Damage to Roofs and the Building Envelope: Complete tarring, full insulation (Isogam), and immediate rectification of cyclical water leaks and moisture from residential roofs penetrating into upper-floor units; additionally, the restoration and repair of main courtyards, subsidence of interconnected courtyard tiling, facade repairs, deep cement cracking, and eliminating the severe danger of falling stonework from the building's exterior.
• Overhaul and Charging of Elevators (Main Motor): The replacement of old, severely worn steel elevator cables (Sim Bokshel), the burning out of main structural components and the primary circuit board of the lifting motor, or the automatic entrance doors of the complex are registered, proprietary duties of the owner and absolutely cannot be charged to or recovered from the tenant (the renter).

What must tenants do in Iran? In Iranian legal practice, if a massive structural issue arises, the tenant immediately issues a formal legal warning notice (Ezharnameh) to the landlord. If the defect is not rectified within the judicial deadline, the tenant-after obtaining permission from the local "Dispute Resolution Council"-personally assumes the costs, completes the repair, and using official court-approved invoices, swiftly deducts that massive amount from the upcoming months' rent or directly sues for reimbursement.

2. Ongoing, Wear and Tear, and Upkeep Expenses (Absolute Tenant Responsibility)

Conversely, the law dictates that all expenses aimed at "completing functional use, protecting against continuous, systematic wear and tear, servicing attached appliances, and periodic maintenance" fall exclusively upon the actual user and occupant (the tenant residing in the apartment).

Prominent Examples of Minor Periodic Repairs in Custom (Tenant's Duties):

• Finishing Materials and Cleanliness: Fully replacing burnt-out interior halogen bulbs, oiling and repairing unsteady electrical switches and sockets throughout the home, replacing rubber washers, and fixing broken plastic handles on faucets.
• Acute Cooling and Heating Appliances: Installing filters and periodic cooling pads (Pooshal); routine seasonal bleeding of indoor radiators; the frequent, annual recharging of gas for split ACs (central air conditioning); descaling the localized heating package (Package); and changing the pads and servicing the small water pump and dynamo of the traditional Iranian evaporative water cooler (Cooler Abi) at the onset of Iran's scorching summer seasons.
• Replacing Handles, Broken Glass, and Clearing Everyday Blockages: The breakage of courtyard entrance locks due to forceful pulling; clearing localized, superficial clogs in blocked kitchen sinks (clogged due to pouring grease and daily operational waste)-these are legally and customarily categorized as the tenant's fault and consumptive expenses under the Civil Code.

3. Communal Building Expenses and the Apartment "Sharj" System

One of the most heavily applied and unique features and laws governing Iranian apartment structures forms the core of the Apartment Ownership Act. This law focuses on determining a specific monthly figure, known as the "Sharj" (Building Charge), set by the democratically elected Building Manager to distribute communal expenses among the building's occupants. Paying this mandatory Sharj is unconditional, definitive, and heavily enforced by Iranian courts.

Dividing the Apartment Sharj Payments

Unless explicitly and textually stated otherwise in the lease contract, the established procedure and trend for distributing these payments is as follows:

1. General, Ongoing, and Service Monthly Sharj (The Tenant's Portion): The tenant-the individual who profits daily from the residence-must completely and fully pay the costs for weekly and periodic cleaning of the lobby and staircases, electricity consumption for lighting common areas, the monthly salary of the full-time security guard (Janitor/Saraydar), gardening expenses, and the cost of public drinking water for the block as listed on un-itemized aggregate utility bills.
2. Exclusive, Developmental, and Major Repair Sharj (The Landlord's Portion): The apartment manager has no legal right to extract funds from the tenant for heavy, capital-intensive building investment fund collections (such as the complete repainting of the complex's stairwells, deep roof insulation, or upgrading a luxury elevator motor to install new stainless steel electronic doors). These invoices, requests, and fixed, infrastructure-developing Sharj costs will directly and legally remain the definitive, permanent, and perpetual obligation of the unit's owner (the definitive lessor/landlord).

In the event that these Sharj figures are not promptly divided and itemized by managers, severe disputes erupt between ownership and tenancy upon move-out when calculating penalties. By utilizing Landager's intelligent financial management, landlords gain the integrated ability to record and track official invoices for ongoing owner Sharj payments. The software perfectly separates accounting pools for "minor" versus "general/major" repairs, delivering acceptable, precisely categorized, and completely secure documentation tailored for resolving, arbitrating, and legally proving civil payments during negotiations or in the courtrooms of the Islamic Republic of Iran.

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