Serbian Maintenance & Repair Obligations

In Serbia, the division of responsibilities for maintaining a rented residential property is primarily governed by the Law on Obligations (Zakon o obligacionim odnosima), effective 1 October 1978 (with recent amendments in Sl. glasnik RS, br. 18/2020), acting as a default framework that can be modified by the specific lease agreement.

The Default Legal Framework

The Law on Obligations establishes a clear dividing line between "necessary" structural repairs and "minor" daily maintenance.

Landlord Responsibilities Under

Article 570 of the Law on Obligations, the landlord (lessor) is required to maintain the leased property in a condition suitable for its agreed-upon use throughout the duration of the lease. Consequently, the landlord is financially responsible for:

• Major Structural Repairs: Roof leaks, foundational issues, exterior wall repairs.
• Major System Replacements: Replacing a failed boiler, fixing burst internal plumbing pipes, or replacing a broken refrigerator or washing machine (assuming the apartment was rented out as "furnished" and the appliance broke due to age/wear, rather than tenant misuse).

If a major issue arises, the tenant must immediately notify the landlord (Article 573). If the landlord fails to perform necessary repairs after notification, or if the repairs are urgent, the landlord must reimburse the tenant for costs incurred (Art. 570, para 2). If the defect significantly hinders the use of the property, the tenant generally has the right to:

1. Seek reimbursement for repair costs or seek a reduction in rent.
2. Terminate the lease contract.

Note: There is no automatic statutory right to unilaterally deduct repair costs from rent payments. Reimbursement must be sought separately or via a formal set-off (prebijanje) procedure under Articles 336-343 of the Law on Obligations.

Tenant Responsibilities Conversely, Article

570 states that the "costs of minor repairs (sitne opravke) caused by the regular use of the item, as well as the costs of the item's use itself, shall be borne by the lessee (tenant)."

The tenant is entirely responsible for:

• Day-to-day Maintenance: Changing lightbulbs, replacing tap washers, unclogging a minor sink backup caused by their own use.
• Regular Cleaning: Maintaining the hygiene of the apartment.
• Damages from Negligence: Financial liability for any repair needed because the tenant (or their guests) broke something out of negligence or malice, rather than simple age and wear.

The Power of the Contract

Because the Law on Obligations is a general framework, the absolute best practice in Serbia is to explicitly detail maintenance responsibilities within the written lease agreement, thereby avoiding vague arguments over what constitutes a "minor" versus "major" repair.

A well-drafted Serbian lease should clearly stipulate:

• Which specific appliances are included in the rental.
• That the tenant must use appliances according to manufacturer guidelines.
• That the landlord handles all capital repairs.
• That the tenant handles minor consumable replacements (LED bulbs, remote control batteries, HVAC filters).

"Stanovnici" and Building Maintenance

A crucial aspect of renting in Serbia, particularly in Belgrade or Novi Sad, regards multi-family apartment buildings. Serbia has a specific Law on Housing and Building Maintenance (Zakon o stanovanju i održavanju zgrada, Sl. glasnik RS, br. 104/2016, 9/2020).

This law dictates how common areas (hallways, elevators, roofs) are maintained.

• The Assembly of Housing Communities (Skupština stambene zajednice): Every building must have a formalized assembly and a registered Building Manager (Upravnik or Profesionalni upravnik).
• Maintenance Fees: The Building Manager collects a mandatory monthly fee from every apartment for building maintenance and emergency interventions (Art. 14 & 63).
• Who Pays? Legally, these fees and the liability for building maintenance attach to the owner of the apartment. However, it is standard market practice in Serbia for the lease agreement to shift this financial burden onto the tenant.

Even if the lease states the tenant pays "all utilities and building fees," the legal liability toward the Housing Community (Stambena zajednica) remains with the owner. If the tenant fails to pay, the Building Manager will ultimately sue the registered owner (the landlord) for the debt.