Residential Maintenance Obligations in Lithuania

Under the Civil Code of the Republic of Lithuania (effective 1 July 2001), the legal framework establishes a clear divide between major structural maintenance, which falls to the property owner, and day-to-day upkeep, which is the responsibility of the tenant. Understanding this division is needed for preserving the property's value and avoiding costly disputes.

The Landlord's Obligations (Major Repairs)

Lithuanian law dictates that landlords must deliver the rental property in a condition fit for its intended use—living safely. Under Article 6.492, the landlord is generally responsible for major structural repairs and ensuring the core systems of the property function correctly. Unless specifically stated otherwise in a mutual contract, landlords must address:

• Structural Integrity: Issues with the roof, foundations, load-bearing walls, and exterior facades.
• Required Utilities: Significant failures in the central plumbing, heating systems, and primary electrical wiring.
• Appliances: Lithuanian law does not explicitly establish requirements for landlords concerning the repair or replacement of major built-in appliances (such as toilets, bathtubs/showers, or kitchenettes).

Consequences of Non-Performance

If the landlord fails to fulfill their obligation to perform capital (major structural) repairs, Article 6.492 of the Civil Code grants the tenant several remedies, including:

1. Self-Performance of Repairs and Cost Recovery: The tenant may, upon obtaining the authorization of the court, undertake the capital repair themselves and subsequently recover the cost of the repair from the landlord or withhold it from the lease payment.

2. Rent Reduction: The tenant has the right to obtain a reduction of the lease payment if their right to use the leased property is restricted due to the landlord's failure to perform repairs.

3. Lease Termination and Damages: The tenant may dissolve the lease contract and claim damages caused by the landlord's failure to perform the contract.

The Tenant's Obligations (Minor Upkeep)

Under Article 6.493, tenants are expected to treat the property with care and are typically responsible for minor, everyday repairs and general maintenance resulting from regular usage. Tenant responsibilities generally include:

• Routine Cleaning: Keeping the property in a sanitary and hygienic state.
• Minor Fixes: Replacing light bulbs, unblocking minor drain clogs, and changing air or water filters.
• Damage Repair: Taking responsibility (and paying for) any damages caused by their own negligence or the recklessness of their guests (e.g., breaking a window, staining a carpet, burning a countertop).

Residential Maintenance Obligations EPC

For existing buildings or building units offered for sale or rent in Lithuania, there are no specific requirements for the energy performance class. However, an Energy Performance Certificate (EPC) is mandatory when a building or building unit is offered for sale or rent, and it must be provided to the buyer or lessee. The validity period of an EPC is 10 years.

For newly constructed buildings, the energy performance class requirements are more stringent:

• For construction permits undertaken after 1 November 2016, the energy performance class must be at least A.
• From 2018, the energy performance class must be at least A+.
• From 2021, the energy performance class must be at least A++.

Reporting Requirements

Tenants have a firm obligation to act promptly when issues arise. If a pipe bursts or a significant defect is discovered, the tenant must immediately notify the landlord to mitigate further damage. If a tenant ignores a leaking ceiling and the water damages the flooring, the tenant may be held financially liable for the compounded damage due to their failure to report the issue promptly.

Documenting Property Condition

The absolute best way to establish who is responsible for a repair at the end of a lease is through meticulous documentation at the beginning.

The Handover Protocol

A Handover Protocol (inventory and condition report) should be created and signed on move-in day.

• It acts as the definitive record of the property's condition.
• It should include detailed photographs of all major surfaces, floors, fixtures, and appliances.
• It safeguards landlords from tenants claiming a defect "was already there," while also protecting tenants from unjustified deposit deductions.

Getting Started

With compliance communication regarding maintenance requests. By utilizing Landager's integrated ticketing features, property managers can track reports, manage maintenance timelines, and store required Handover Protocols, ensuring both you and your tenant remain compliant and satisfied.

How Landager Helps

Landager automates your Centre of Registers filing deadlines, tracks CPI-based rent escalations, and ensures your residential property meets all Lithuanian Civil Code requirements.

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