It is common in Spain that there is a lack of knowledge about the type of works and renovations that a tenant can carry out in a rental apartment, in addition to indicating who should be responsible for the different repairs and breakdowns that arise. In order to find the answer to all these questions, you must go to the Urban Leases Law (LAU)which is the regulation that establishes the different obligations and rights that both landlords and tenants have.
An issue that usually raises doubts has to do with the possibility that the landlord decides to carry out works with tenants residing in the property. In this sense, it is worth clarifying that the landlord can (and must) carry out certain works and renovations in his property, since the law establishes that he must be responsible for carrying out all those repairs that are necessary to maintain adequate habitability in his property.
This includes both breakdowns and any other problem that is caused by the passage of time, since, if it is a problem caused by the use of the property, it must be the tenant who is responsible for them, as long as they receive express written consent of the lessor.
In fact, if the owner of a property realizes that the tenant has made any changes to the home without his consent, he will have the right to cancel the rental contract in advance. The tenant, for his part, may also proceed to cancel it in those cases in which the owner has to carry out some type of repair to maintain the habitability of the property, but does not carry it out.
Can the landlord enter the home to do work?
As a general rule, the landlord cannot access the home even though it is your property, since, by renting the property, you are transferring the use of it to your tenant during the time established in the lease contract.
However, the Urban Leases Law contemplates a situation that does allow you to enter the home, and that is the right to be able to check its state of conservationin order to know if the property needs any type of repair to maintain its habitable conditions.
In any case, must have the tenant’s authorizationso, if this does not allow it, you will have to respond for the damages that arise from not authorizing the owner’s entry.
If the works are necessary, The landlord may carry them out, even if the tenants reside there.but to do so they must be aimed at maintaining the state of conservation of the home in good habitable conditions, in addition to being reforms that cannot be postponed until the end of the lease contract, so they must be urgent.