Legal tip 400. Legals for rentals VI. Improvement works. Who pays them?
Wednesday, November 24, 2010 @ 1:21 PM
Improvement works relate to hygiene, healthiness and comfort of the house and of the people who live in it.
If these improvement works cannot be postponed until the end of the renting period, the tenant will have to tolerate them as the maintenance works. If they last for more than 20 days, the tenant will have a right for the reduction of the rent in a proportion equal to the part of the house which is not habitable due to the works.
In these cases, the owner needs to notify the content, starting date, duration and costs of the works to the tenant 3 months before the start of them.
Once notified, the tenant can cancel the contract in one month’s time, unless the works scarcely affect the house. If the tenant wants to cancel, the cancellation will take place within the next two months. Works cannot be started until these two months pass.
If the tenant wants to bear the works, he will be entitled to a reduction of the rent in an amount proportionated to the part of the house which becomes inhabitable due to the works, and is also entitled to a compensation due to the expenses derived as a consequence of the works.
The tenant cannot operate without the landlord’s consent (expressed in written), those works which modify the configuration of the house and its accessories, or which produce less stability or safety in the house.
In both cases, the landlord can ask the tenant to put the house back to its original state.
Finally, the handicapped tenant can make all the necessary works to fit the house to his/her special needs or those of the spouse or relatives living with him/her. After the rent period, if that is required by the landlord, they need to replace the house to its original state.
If the landlord makes improvement works in the house (once the 5 years of contract validity passes) he will be entitled to the increase of the rent unless parties agree on the contrary. The increase cannot be higher to the 20% of the rent.
Doorway to a pottery store in a White Village, Spain by today is a good day at Flickr.com