Ukraine Rented Housing Repair & Maintenance Obligations

Governed by the Civil Code of Ukraine (Effective Date: 1 January 2004), disputes regarding the maintenance of items such as leaking faucets or appliance failures are a common source of disagreement between tenants and landlords in Ukraine's housing sector. Unlike some highly regulated markets, the Civil Code distinguishes these obligations between the two parties, with liability determined by the scale of the required repair.

1. Capital Repair: The Responsibility of the Landlord

Under Article 819 and Article 776 of the Civil Code of Ukraine, capital (major) repairs are the responsibility of the landlord, unless the lease agreement explicitly states otherwise. This includes:

• Replacement of water supply pipes and main risers, or the overhaul of central sewage systems.
• Restoration or replacement of central and autonomous heating systems, including gas boilers and radiators.
• Replacement of the apartment’s electrical distribution panels or obsolete wiring.
• Window or door replacements for security and thermal integrity.
• Repairs to the building's roof or common stairwells. Landlords typically address these through payments to the OSBB (Association of Co-owners of a Multi-Apartment Building).

The Rights of the Tenant Regarding Capital Repairs: If a landlord fails to perform capital repairs necessary for the property's intended use, the tenant has the statutory right under Article 776(3) of the Civil Code to:

1. Perform the repair and set off the documented costs against rent payments (or demand reimbursement).
2. Demand termination of the contract and damages.

2. Current Repair: The Responsibility of the Tenant

In Ukraine, current (minor) repair of the housing is the responsibility of the tenant (Part 1, Article 819 of the Civil Code of Ukraine), unless the lease agreement explicitly states otherwise. This means the tenant is responsible for maintaining the premises and performing routine repairs. Common examples of current repairs include:

• Replacement of leaking faucets, shower heads, or toilet mechanisms due to normal wear and tear.
• Replacement of light bulbs or damaged glass panels in interior doors.
• Minor cosmetic painting or deep cleaning of surfaces.

Appliance Repairs: The legal status of appliance maintenance depends on the cause of the failure. Generally:

1. If repair is needed due to tenant misuse, the tenant pays the cost.
2. If an appliance fails due to age or normal wear, the landlord is typically responsible for its replacement to ensure the premises remain habitable and functional.

3. Alterations and Improvements

Tenants in Ukraine have no legal right to perform physical or architectural modifications to the property without explicit written consent from the landlord.

• Redevelopment: Under Article 815(2) of the Civil Code, the tenant is strictly prohibited from performing redevelopment or reconstruction without consent. Unauthorized changes grant the landlord the right to demand immediate lease termination. Fines for such violations are governed by Article 150 of the Code of Administrative Offenses of Ukraine.
• Improvements: Under Article 778 of the Civil Code, improvements made with the landlord's consent entitle the tenant to reimbursement. Inseparable (non-removable) improvements made without consent are not compensable upon the end of the lease.
• Pets: Landlords in Ukraine often have strict rules regarding pets. Damage caused by animals is typically deducted from the security deposit.

The Landager property management platform streamlines real estate maintenance in Ukraine. Residents can submit maintenance requests with evidence (photos or videos), which are then routed to the landlord. Owners can automate the dispatch of contractors and remotely approve repairs, reducing the potential for disagreements.

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