Maintenance and Repairs for Rentals in Asturias

Managing the maintenance of a dwelling in Asturias—a geographical area exposed to rigorous climates, high coastal salinity in Gijón or Avilés, and constant rain—aggravates the eternal conflict over who pays for repairs. The inescapable framework is Article 21 of the Spanish Urban Leases Act (LAU), effective 1 January 1995.

Landlord (Owner) Responsibilities

The general principle dictates that the owner is strictly obligated to perform, without the right to raise the agreed rent, all repairs necessary to conserve the dwelling in a habitable condition to serve its agreed use.

In the Asturian context, this typically inextricably includes:

• Dampness and Leaks: Fixing damage from rains penetrating the facade, roof defects, or rising dampness on ground floors. If the mold stain stems from an exterior defect or community pipe, the landlord must fully remediate it.
• Heating Systems: The repair or replacement of the boiler (vital during Asturian winters), structural radiators, and the gas or water pipe network.
• Structural Damage and Basic Supplies: Repairing the main electrical panel, major leaks, or floors sinking from building fatigue.

The landlord is only exempt if the dwelling is destroyed (Art. 28 LAU) or if the deterioration is imputable to the tenant under Articles 1563 and 1564 of the Civil Code. Under Article 1563 of the Civil Code, the tenant is legally responsible for any deterioration or loss of the rented property unless they prove it occurred without their fault (culpa). The landlord does not need to prove "bad faith" or "total negligence"; simple negligence or misuse by the tenant is sufficient to shift the cost of repair to the tenant.

Tenant (Resident) Responsibilities

The tenant, as the daily user, is not exempt from expenses. Article 21.4 of the LAU states that "small repairs required by wear from the ordinary use of the dwelling shall be borne by the tenant."

Jurisprudence generally defines these as repairs involving low cost (typically under €150) or simple maintenance of elements subject to daily use (e.g., light bulbs, filters, faucet washers, or blind cords).

According to Spanish jurisprudence and local customs in Asturias, this encompasses:

"Minor Repairs"

• Replacing light bulbs, LEDs, or minor fuses burned out from use.
• Repairing dripping faucets (changing washers or rubber seals) and unblocking drains clogged by hair or food debris.
• Fixing blind belts jammed or broken from daily continued use and pulling.
• Changing the keys (and the lock if necessary) in the event of loss by the tenant.
• Fixing broken glass if the impact originated from inside the dwelling.

Proper Use or Internal Condensation (Tenant Dampness)

While structural dampness is the owner's responsibility, there is a key exception: severe condensation dampness. In Asturias, if the tenant never ventilates the dwelling, constantly dries clothes over the radiators, and seals the cracks, fostering the appearance of thick black interior molds, an expert can determine that it is the fault of the inhabitant's misuse, forcing them to pay for the cleaning and painting.

Prevention to Avoid Lawsuits

Determining if a boiler failed due to "ordinary wear" or the "end of its structural useful life" frequently collapses into Asturian civil courts. The most agile way to shield management as an owner under Landager is to document the exact initial state of the appliances with photos upon signing, and use our Maintenance Ticketing system to quickly classify and assign minor breakdowns to your tenants, preventing months of arguing over paying the plumber.

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