Maintenance & Repairs in Aragon Rentals

A leading cause of friction in any Aragon rental (Zaragoza, Huesca, Teruel) stems from resolving "who pays for what" when an appliance breaks or a pipe bursts. The legal framework for residential maintenance in Aragon is governed by the state-level Ley de Arrendamientos Urbanos (LAU), as established by Article 523 of the Código del Derecho Foral de Aragón. Effective since 1 January 1995, the LAU explicitly draws the line between structural habitability and daily wear and tear in Article 21.

Landlord Duties (Arrendador)

The undeniable premise of the law is that the owner is legally obligated to carry out all repairs necessary to maintain the dwelling in habitable conditions for its agreed use (Art. 21.1 LAU). Crucially, the owner cannot raise the rent simply because they were forced to front the cost of these unavoidable repairs.

What Must the Landlord Cover?

• Repairs, replacement, or overhaul of the structural skeleton (roofs, walls, floorboards).
• Fixing or completely replacing main plumbing, drains, and the primary sewage network.
• Maintaining the property's core electrical wiring and the complete gas installation.
• Fixing or replacing the main electric water heater, primary gas boiler, or permanent heating/AC systems.
• Resolving dampness (humedades) originating from structural defects, the community pipe network, or exterior facades.

Urgent Repairs (Art. 21.3 LAU)

The tenant must notify the landlord of the need for repairs immediately. If a repair is "urgent to avoid imminent damage or serious discomfort," the tenant may proceed with the repair themselves (after notifying the landlord) and is entitled to demand immediate reimbursement of the full cost. The LAU does not set a monetary threshold or "prescribed limit" for these urgent interventions.

Exceptions to the Landlord's Burden

The owner is judicially and materially exonerated from repairing if:

1. The damage is attributable to the tenant (per Articles 1563 and 1564 of the Civil Code).
2. The property suffers total destruction (Article 28 LAU).
3. The repair is legally categorized as a "small repair" necessitated by ordinary, primary use.

Tenant Duties (Arrendatario)

The occupant of the dwelling has an unrenounceable duty to act diligently, return the home in the state they received it, and urgently notify the landlord of sudden incidents to minimize further damage.

Under Article 21.4 of the LAU, "small repairs" (pequeñas reparaciones) required by ordinary wear and tear from the daily use of the dwelling are the responsibility of the tenant. While the law does not define a specific amount, Spanish case law typically considers repairs of low cost (often cited as under €150) or involving simple components (e.g., washers, bulbs, filters) to fall under this category.

Examples of "Small Repairs" (Spanish Case Law):

• Changing blown light bulbs, fluorescent tubes, or minor electrical fuses.
• Fixing a dripping, old faucet (replacing o-rings or washers).
• Unblocking everyday drains clogged by hair, grease, or routine hygienic waste.
• Repairing frayed cords on functionally adequate window blinds (persianas).
• Fixing busted door locks jammed from daily manipulation or replacing keys lost by the inhabitant.

Resolving Disputes and Infrastructure

To evade the dreaded "he said/she said" scenario ("that was already broken"), having an exhaustive, initial photographic report tied to the contract is an unassailable foundation. Landager provides parties with a traceable incident reporting portal, allowing landlords to accurately diagnose the nature of a breakdown without stressful visits or prolonged repair delays that border on severe habitability infractions in Aragon.

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