Maintenance Obligations and Repairs in Colombia

Handling deterioration and damage in a rented home often generates the highest percentage of conflicts. In Colombia, the Civil Code and Law 820 of 2003 (effective July 10, 2003) clearly differentiate two types of repairs: Necessary (or structural) and Locative (daily wear).

Necessary Repairs (Landlord's Responsibility)

According to Article 1985 of the Colombian Civil Code and Article 8 of Law 820 of 2003, the obligation to maintain the property in a suitable state for the leased purpose falls entirely on the owner or landlord of the dwelling. These repairs primarily cover the indispensable and the hidden anomalies that, due to force majeure or non-natural prolonged deterioration over time, cause any central living room to fail notably or become uninhabitable:

• Major leaks in slabs or roof beams (structural roofing problems).
• Deterioration in constitutive columns and walls (flaws in original construction or historical degradation).
• Deep replacement of main water channels and collapsed drains unrelated to simple direct blockages (e.g., internal fractures of the aqueduct and deep in-wall electrical wiring failures).

If the tenant promptly notifies the landlord of an urgent failure (since leaks worsen rapidly if unstopped), and the owner negligently refuses to fix it, the tenant has a statutory right under Law 820 of 2003, Article 27, to execute the repairs themselves without requiring a prior court order. The tenant may deduct the cost of these repairs from the rent, subject to a strict cap of 30% of the monthly rent value in any single period. If the total cost exceeds this 30% limit, the tenant must spread the remaining balance over subsequent months, capped at 30% per month until fully reimbursed. Additionally, under Article 26, if the lease contract ends before the tenant is fully reimbursed, they may exercise the "right of retention" (derecho de retención), remaining in the property until the debt is satisfied.

Locative Repairs (Tenant's Responsibility)

Article 1998 of the Civil Code and Article 9 of Law 820 of 2003 define what is "locative" or the general responsibility for use, tenancy, or mere habitation of the person enjoying the residence daily. According to these articles, these correspond to being settled absolutely by the occupant's resources:

• Burned-out lightbulbs, individually unglued tiles due to minor moisture, jammed standard locks, paint stains that are the visible product of family traffic.
• Broken glass; stagnant siphon pipes, loose faucets, and deteriorated sanitary floats that suffered their end-of-use strictly in the regular hands of the resident.
• Therefore, ordinary use or resulting normal imperfection is categorized as locative and must be returned repaired, entirely at the expense of the tenant. (Except in cases where the landlord explicitly and textually conditionals the favor of replacing lightbulbs or small preventive measures periodically).

Accelerated Deterioration

Any type of detriment that the tenant causes at the expense of pure malice, gross imprudence, keeping unreported pets, or omissions against the codes (accidentally burning a minor duct through carelessness, tearing off doors, using harmful solvent dissolvers, etc.) will be categorized as a restitution infraction. The cause for non-payment in repairs is subject to a complaint as attributable non-compliance, with which immediate lawsuits and collectible penalties are justified.

The Right to Enter and Inspect

The owner cannot break in or invade their own house at will at any time, nor can they interrupt daily nights. Under Article 28 of the Colombian Constitution, the tenant holds the right to "inviolabilidad del domicilio" (inviolability of the home), meaning the landlord cannot enter the property without the tenant's consent or a justified emergency.

It is highly recommended to formally agree (at signing) upon two documented verifications or "scheduled visits" mediating prior written notice with rational days (generally a wide margin on dates to not be intrusive). In absolute emergencies (the main pipe bursts, fire, disaster), it applies as an exceptional forced contingency according to local police regulations.

Visual and Documented Logging

Landager allows you to photograph the pre-movement handover process online and reliably contrast what damage was evidenced to fairly assess "who replaces what" upon exit. In addition, it will make it easier for you to track systematic schedules with fixed contractors to fix roofs, preventing small structural cracks from becoming long, cumbersome rent deductions validated by the statutory rights provided in Law 820.

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How Landager Helps

Landager tracks lease terms, automated rent reminders, and document expiration - making it easy to stay compliant with Colombia regulations.

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