Works and Maintenance of Rental Homes (Canary Islands)

Managing a residential property in the Canary Islands, whether an apartment in Las Palmas or Arona, requires strict adherence to the Spanish Urban Leases Act (LAU - Law 29/1994), which took effect on 1 January 1995. Specifically, Article 21 governs the distribution of maintenance and repair responsibilities between landlords and tenants.

The Obligations of the Landlord (Owner in the Canary Islands)

Under Article 21.1 of the LAU, landlords are strictly prohibited from passing major repair costs related to habitability onto the tenant. In the Canary Islands, as in the rest of Spain, the landlord is exclusively responsible for:

• Structural and Essential Repairs: This includes repairing roofs, addressing structural humidity, saltpeter issues, and maintaining thermal and acoustic insulation.
• Essential Appliances and Systems: Landlords must replace or repair major appliances (like water heaters or refrigerators) that break down due to age or normal wear and tear, as well as fix broken pipes, electrical wiring issues, or major plumbing defects.

Any clause in the lease agreement that attempts to exempt the landlord from these obligations is considered null and void under the law. The only exception is when the deterioration is imputable to the tenant, as provided in Articles 1.563 and 1.564 of the Civil Code.

The "Small" Maintenance Quotas of the Tenant (Daily Breakdowns)

According to Article 21.4 of the LAU, tenants are responsible for small repairs required due to the normal daily use of the property. Courts (Juzgado de Primera Instancia) in the Canary Islands generally interpret this to include:

• Replacing small appliance parts (e.g., washing machine belts), unblocking drains, or fixing minor plumbing blockages caused by daily use.
• Replacing light bulbs, fixing broken glass caused by the tenant, or repairing handles, blinds, and aesthetic deteriorations resulting from ordinary wear and tear.

To effectively enforce these distinctions and claim deductions from the security deposit at the end of the tenancy, landlords must utilize a comprehensive initial photographic inventory. This documentation is essential for proving the original condition of the property and avoiding disputes in court over what constitutes normal wear and tear versus tenant-caused damage.

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