Repair and Maintenance of Rented Housing in Ukraine (Current vs. Capital)

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 of Ukraine 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, structural repairs and upgrades are the responsibility of the owner. 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 execute required capital repairs, the tenant has the statutory right to perform the repair at their own expense. The tenant may then deduct the documented costs from future rent payments, in accordance with the law.

2. Current Repair: The Responsibility of the Tenant

In Ukraine, current (minor) repair is the responsibility of the tenant (Part 1, Article 819 of the Civil Code of Ukraine). 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: Unauthorized structural changes are prohibited and can lead to fines, lease termination, and eviction (Article 815 of the Civil Code).
• Improvements: Non-removable improvements (e.g., floor replacement, built-in wardrobes) require written permission. Without it, the tenant is typically not entitled to compensation 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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