Who Pays For Repairs and Condo Fees In A Rental Property? It Depends
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The division of maintenance for a rental property is quite straightforward: in short, all major maintenances are paid by the landlord, whereas minor maintenances are paid for by the tenant.
Major maintenance comprises, for instance, repairs to the roof, replacement of the kitchen or outdoor paintwork. On the contrary, paying utilities, refilling the boiler, replacing a tap washer or cleaning the gutters are part of what we call minor, ordinary maintenance.
Tenants should always ensure the property remains in a good condition by regularly carrying out minor maintenance and repairs.
A recent rule by Corte di Cassazione established that the owner of a rental property is not liable for damages caused to parts and accessories that results in the availability and safekeeping of the tenant. The owner, instead, is liable in case of damages deriving from masonry structures (or from the systems connected) of which he still retains the domain.
Usually, the first thing tenants should do when renting a property is to check and certify that the house is in overall good condition and that there are no damaged appliances or objects; if a damage is found, it’s better to write everything in the contract, in order to avoid future misunderstandings with the landlord.
Tenants must always pay for the small repairs that are necessary due to the use of the property; e.g. if a damage occurs on the hardwood floor or if part of the kitchen is broken, the tenant must assume the costs for this reparation.
Condo fees case by case
Let's now see who is entitled to the various expenses that may occur in a condominium:
Lift: it’s broken and the quote for the reparation has arrived. Who shall pay? The Landlord! Tenants have to pay only the expenses for routine maintenance, such as cleaning, inspection, and the energy consumption for the driving force of the lift. The landlord is responsible for the installation of the lift, maintenance if it breaks down, replacement of the engine, and annual fee for the renewal of the operating license.
Garden: in the condo garden there’s an automatic irrigation system. Who pays for it? Its installation, the related taxes and fees are responsibility of the owner, as well as the replacement of the components; ordinary maintenance and the energy used for the driving force and general inspections are charged to the tenant.
Windows and shutters: let’s assume a handle is broken. Bear in mind that the tenant is responsible for all internal maintenance of the property, such as floors and walls, furnitures, shutters, and heating system. If at the beginning of the lease the handle was in good condition, now its repair is up to the tenant, since it falls within the usual wear and tear of the property.
Broken heater: is the landlord responsible for the replacement? Well, it depends: if the tenant did the annual inspection of the heater, the Landlord has to replace the latter. If the inspection hasn't been done, the tenant must pay for the replacement because the problem has been caused by his/her negligence.
Electrical system: the condominium would like to put a new led system in the staircase, for energy saving reasons. Here, the landlord pays! The installation and substitution of the electrical system is at his expense, together with the installation of intercom. The tenant just has to pay for ordinary maintenance and for the monthly costs of electricity.
In conclusion, we can say that ordinary expenses are due by the tenant, while installation costs or extraordinary costs are due by the landlord, because these costs increase the value of the house and, therefore, have to be considered as an investment.
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