Repair questions
Who pays for repairs in a rented home: the landlord what is needed, the tenant the everyday
The boiler breaks down, a pipe drips or the washing machine stops spinning, and the usual question comes up between tenant and landlord. In a home, unlike commercial premises, many laws protect the tenant whatever the lease says. Here is what each one says, with its article.
The short answer
The landlord pays for the repairs needed to keep the home habitable: structure, roof, pipes, electrics and gas, heating and hot water. The tenant pays for minor repairs everyday living calls for (in Colombia and Chile, «reparaciones locativas») and for anything they or their household damage. In Spain, England and Ireland this cannot be changed against the tenant, whatever the lease says. In Colombia, Chile, Peru and Argentina, the lease can split repairs differently. Almost no law says anything about appliances: the English one leaves them outside the landlord's statutory duty.
| Country | Landlord pays | Tenant pays | Can the lease change it? | Law |
|---|---|---|---|---|
| Spain | Everything needed to keep the home habitable, without raising the rent. | Minor repairs from wear and tear in ordinary use, and anything they or their household damage. | Not against the tenant (Art. 6). | LAU, Arts. 6 and 21 |
| Mexico | All necessary repairs, even if the lease is silent. | Minor deterioration from normal use and damage they are at fault for. | The law does not say for these articles; each state has its own code. | Federal Civil Code, Arts. 2412, 2425 and 2444 · Mexico City |
| Colombia | Hand over and keep the home in good working, safe and sanitary condition. | The «locativas» and damage from misuse by them, their family or guests. | Under the Civil Code, yes (Art. 1985). | Law 820 of 2003, Arts. 8 and 9 |
| Argentina | Repairing any deterioration that is not the tenant's fault. | Routine maintenance work and damage caused by them or their visitors. | Yes: since 2023 the law is a default unless expressly mandatory (Art. 958). | Civil and Commercial Code, Arts. 958, 1201 and 1207 |
| Chile | Necessary repairs, plus «locativas» caused by force majeure, unforeseeable events or poor quality of the property. | The «locativas» and damage through their or their family's fault. | Yes (Art. 1927). | Civil Code, Arts. 1927, 1940 and 1970 |
| Peru | All necessary repairs, unless agreed otherwise. | Upkeep and ordinary maintenance, unless agreed; liable for deterioration unless they prove it was not their fault. | Yes (Arts. 1680 and 1682). | Civil Code, Arts. 1680, 1682 and 1683 |
| England | Structure and exterior, water, gas, electricity, sanitation, heating and hot water (leases under 7 years). | Using the home in a tenant-like manner; appliances fall outside the landlord's statutory duty. | No: any term excluding or limiting it is void (s. 12). | Landlord and Tenant Act 1985, ss. 11 and 12 · Wales, s. 92 |
| Ireland | Structure and interior, including replacing fittings, keeping it as it was at the start. | Deterioration beyond normal wear and tear: restore it or pay the cost. | No, except in the tenant's favour (s. 18). | Residential Tenancies Act 2004, ss. 12 and 18 |
Official texts read on 27 October 2026. In Mexico only the federal code and Mexico City's code were read; each state has its own.
A home is not commercial premises
For commercial premises the lease nearly always decides. For a home, several laws set a floor the lease cannot go below. In Spain, Art. 6 of the LAU voids any clause that changes the housing rules to the tenant's detriment, and upkeep (Art. 21) is part of those rules: a clause saying «the tenant pays for every repair» does not hold. In England, section 12 of the Landlord and Tenant Act voids any term that excludes or limits the landlord's duty, unless a court authorises it. In Ireland, section 18 of the Residential Tenancies Act stops a lease from varying or restricting those duties, except to improve the tenant's position.
By contrast, Colombia, Chile and Peru say in their codes that the parties can change these obligations, and in Argentina, since the 2023 reform, contract rules are defaults unless they expressly say otherwise. There, before any argument, read what each side signed.
The small everyday things
No law gives a closed list of what counts as «minor». The shared idea is the normal wear of living somewhere: a light bulb, a trap blocked through use, a loose handle, a tap washer. Anything that leaves the home without a basic service (water, power, gas, heating) or affects the structure is not minor, even if the repair is cheap.
- Spain: «minor repairs required by wear and tear in ordinary use» (Art. 21.4 LAU).
- Mexico: «minor deterioration normally caused by the people living in the building» (Art. 2444 Federal Civil Code).
- Colombia and Chile: «reparaciones locativas», which depend on local custom.
- Argentina: «routine maintenance work» (Art. 1207); Peru: «upkeep and ordinary maintenance» (Art. 1682).
Worth knowing
Appliances are the most common question and almost no law settles it. Only the English one names them, to leave them outside the landlord's statutory duty. Elsewhere the general rule applies: if they fail from age or a defect, it is usually a necessary repair; if they break through misuse, the tenant pays. The inventory and the lease carry a lot of weight.
Spain, seasonal lets: Art. 21 bis, added by Royal Decree-Law 29/2026 and still awaiting validation, also puts minor repairs on the landlord, the opposite of Art. 21.4.
How to claim a repair in a rented home
The tenant must give notice as soon as possible, and almost every law in the table makes what they can claim depend on that notice. If the fault is urgent, several let the tenant repair it and claim the cost back (Spain, Argentina, Peru, Ireland; each deadline is in the question on how long a landlord has to repair). What works is a written notice with the date, a photo and a description, and keeping the reply.
Frequently asked questions
Who pays for a broken boiler in a rented flat?
If it fails from a fault or age, it is a necessary repair and the landlord pays in Spain, England, Ireland and the Latin codes in the table. Routine servicing or a breakage through misuse usually falls on the tenant, subject to the lease where it can be agreed.
What about the washing machine or fridge that came with the flat?
Almost no law says so expressly. The general rule applies: failure from normal use or age, the landlord; breakage through misuse, the tenant. English law excludes them from the landlord's statutory duty.
Is a clause making the tenant pay for every repair valid?
In Spain, England and Ireland, not where it harms the tenant. In Colombia, Chile, Peru and Argentina the lease can split repairs differently.
Who pays for what the tenant breaks?
The tenant, in every country in the table, including what their family or guests break.
These pages are for information and are not legal advice. The lease and each country's law in force always prevail.
Repair questions
- Who pays for repairs in a commercial lease?If the lease says nothing, the landlord carries out necessary repairs and the tenant pays for minor everyday ones. Ireland works the other way round.
- How long does a landlord have to make repairs?Few laws set a number of days: the tenant gives notice and, if urgent, repairs and claims it back. Argentina, Spain (since October 2026) and England do set deadlines.
- Is it legal to use WhatsApp for work?No law bans WhatsApp at work. What matters is the basis for using the employee's personal number and whether they are messaged outside working hours.