Repair questions
Who pays for a repair in rented commercial premises: the lease first, then each country's law
The question comes with the air conditioning down or the shop shutter stuck: do I pay, or does the landlord? The answer depends on the lease first and, if the lease is silent, on the country's law. Here is the rule in each one, with its article.
The short answer
The lease decides. If the lease says nothing, in Spain, Mexico, Colombia, Argentina, Chile and Peru the landlord pays for the repairs needed to keep the premises fit for their use, and the tenant pays for the minor ones caused by everyday use (Colombia and Chile call them «reparaciones locativas»). If the tenant caused the damage, the tenant pays. In England and Wales no statute makes the landlord of commercial premises repair them: the statutory duty only covers dwellings, so for premises everything rests on the lease. Ireland works the other way round from the Latin codes: unless the lease says otherwise, it presumes the tenant keeps the premises in good repair.
| Country | If the lease is silent, who repairs | What the tenant pays | Law |
|---|---|---|---|
| Spain | The landlord: the repairs needed to keep the premises fit for the agreed use. | Minor repairs from wear and tear in ordinary use, and anything the tenant damaged. | LAU, Arts. 4.3, 30 and 21 |
| Mexico (federal) | The landlord, even without an express clause: keep the property in the same state, making all necessary repairs. | Minor deterioration normally caused by use. | Federal Civil Code, Arts. 2412 and 2444 |
| Colombia | The landlord: all necessary repairs except «locativas». | The «locativas», unless caused by force majeure, unforeseeable events or poor quality of the property. | Civil Code, Arts. 1985 and 1998 |
| Argentina | The landlord: repairing any deterioration not attributable to the tenant. | For real estate, only routine maintenance work. | Civil and Commercial Code, Arts. 1201 and 1207 |
| Chile | The landlord: necessary repairs except «locativas». | The «locativas», unless caused by force majeure, unforeseeable events or poor quality of the property. | Civil Code, Arts. 1927 and 1940 |
| Peru | The landlord: all necessary repairs, unless agreed otherwise. | Upkeep and ordinary maintenance costs, unless agreed otherwise. | Civil Code, Arts. 1680 and 1682 |
| England and Wales | Nobody by statute: the section 11 duty only covers dwellings let for under seven years. For premises, whatever the lease says. | Whatever the lease says. | Landlord and Tenant Act 1985, ss. 11 and 13 |
| Ireland | Unless the lease says otherwise, the law presumes the tenant keeps the premises in good repair. | Unless agreed otherwise, keeping the premises in good repair. | Deasy's Act 1860, s. 42 |
Official texts read on 27 October 2026. In Mexico each state and Mexico City has its own civil code, which is usually the one that governs a lease between private parties.
The lease comes first
For commercial premises the law almost always lets the parties speak first. In Spain, Art. 4.3 of the Urban Leases Act says that leases for uses other than housing are governed by what the parties agree and, failing that, by Title III of the Act, whose Art. 30 refers back to the upkeep rules for housing (Art. 21). In Argentina, Art. 962 of the Civil and Commercial Code makes the contract rules default rules that the parties can set aside, except mandatory ones. Colombia, Chile and Peru say so in the repairs article itself: the parties' agreement can change these obligations.
So the first step, before any argument, is to open the lease and find the upkeep, maintenance or works clause. Many commercial leases put all maintenance on the tenant, including the building services, and that is valid if it has been signed.
Necessary and minor repairs: where the line is
Every law in the table separates two kinds of repair, even if each names them differently. Necessary repairs are the ones needed for the premises to keep serving the purpose they were let for: a leaking roof, wiring failing from age, a broken drainpipe. Minor repairs are the ones everyday use calls for: a lock, a dripping tap, a light bulb, a socket pulled off the wall.
- Spain speaks of «minor repairs required by wear and tear in ordinary use» (Art. 21.4 LAU).
- Colombia and Chile call them «reparaciones locativas», and the landlord still pays for them if they come from force majeure, unforeseeable events or the poor quality of the property.
- Mexico speaks of «minor deterioration» (Art. 2444 Federal Civil Code); Argentina, of «routine maintenance work» (Art. 1207); Peru, of «upkeep and ordinary maintenance» (Art. 1682).
Worth knowing
What the tenant breaks, the tenant pays for in every country in the table, big or small. And a lease can move the line either way: what does not work is assuming a major fault is the landlord's without first reading the works clause.
In Ireland the presumption runs the other way: section 42 of Deasy's Act 1860 puts upkeep on the tenant unless the lease says otherwise. It could not be confirmed in the revised version that it still reads the same today.
How to put the fault on record
Whoever pays, the dispute is won or lost on the notice. Several codes require the tenant to tell the landlord as soon as possible, and without that notice the tenant can lose the right to be refunded for what they paid upfront. What counts as evidence is a written notice with the date, a photo and a description of the fault, plus the landlord's reply. A loose message in a WhatsApp group does not show who saw it or when.
Frequently asked questions
Who pays to repair the air conditioning in rented commercial premises?
It depends on the lease. If it says nothing, in Spain and the Latin codes in the table the landlord pays when it is a necessary repair (the unit fails from a fault or age) and the tenant pays when it is routine maintenance or the tenant caused it.
Can a commercial lease make the tenant pay for every repair?
In Spain, Argentina, Colombia, Chile and Peru, yes: for commercial premises the law lets the parties agree it, and the signed lease prevails over the default rule.
What if the tenant caused the damage?
The tenant pays in every country in the table. In Spain, the LAU excludes it from the landlord's duty by referring to Arts. 1563 and 1564 of the Civil Code.
Does the same apply to a rented flat?
The underlying rule is similar, but housing has its own rules that a lease cannot always change. This page only covers commercial premises.
These pages are for information and are not legal advice. The lease and each country's law in force always prevail.
Repair questions
- 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.
- Who pays for repairs in a rented flat?The landlord pays what keeps the home habitable; the tenant pays minor wear and any damage they cause. In Spain, England and Ireland a lease cannot change that against the tenant.
- 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.