The landlord wants to carry out works with the tenant living there: does the tenant have to put up with them?

Question

José Manuel Alburquerque · Accepted Answer

Repairs to keep the home habitable that cannot wait until the end of the tenancy have to be put up with, even if they are very disruptive. If they last more than twenty days, the rent is reduced in proportion to the part of the home the tenant cannot use. If they make the home uninhabitable, the tenant can suspend the tenancy, without paying rent while they last, or terminate it. Improvement works only have to be put up with if they cannot wait until the end of the tenancy and the landlord gives written notice of them at least three months in advance. Within a month of that notice, the tenant may decide to end the tenancy. Repairs to keep the home habitable These are the repairs needed to keep the home fit to live in, such as replacing pipes, redoing the electrical installation or fixing damp. If they cannot be left until the end of the tenancy, the tenant has to put up with them even if they are very disruptive or prevent the use of part of the home. The same applies to works carried out by the owners' association on the common parts, such as the façade or the lift. If these repairs, or works ordered by a public authority, make the home uninhabitable, the tenant can choose between: Suspending the tenancy. While the works last, the term of the tenancy stops running and no rent is paid. Ending the tenancy early, that is, terminating it, without paying any compensation. Improvement works These are works that are not needed to keep the home in good condition but to improve it. The tenant only has to put up with those that cannot reasonably wait until the end of the tenancy. The landlord must give the tenant written notice at least three months in advance, stating what the works consist of, when they will start, how long they will last and how much they will cost. From that notice, the tenant has one month to end the tenancy early, unless the works do not affect him or her or affect him or her very little. If the tenant does so, the tenancy ends two months later and the works cannot start before then. If the tenant stays, he or she is entitled to a reduction in the rent in proportion to the part of the home that cannot be used and to be reimbursed for the expenses the works force him or her to incur. After five years of the tenancy, or seven if the landlord is a company or another legal entity, improvement works also allow the rent to be increased. The annual increase is calculated by applying to the amount invested, less any grants, interest at the statutory rate (“interés legal del dinero”) for the year in which the works are completed plus three percentage points, up to a maximum of 20 % of the rent at the time. The rent reduction and access for workers The reduction is calculated according to the part of the home the tenant cannot use. For example, if the rent is 1.000 euros a month and the works prevent the tenant from using a room that makes up a quarter of the home, the reduction is 250 euros a month for as long as that situation lasts. For repairs to keep the home habitable, the reduction only applies if they last more than twenty days. The law does not make clear whether it then applies to every day of the works or only to the days beyond twenty. The tenant must let the workers in for the works he or she has to put up with. If the tenant refuses, the landlord cannot go in on his or her own initiative. The landlord has to make a claim and, before suing, the law requires an attempt at negotiation.