Who pays for faults in a rented flat: the water heater, the boiler, the appliances?

Question

José Manuel Alburquerque · Accepted Answer

It depends on the cause of the fault. If the water heater, the boiler or an appliance let with the flat breaks down through age or because of a defect, the repair or replacement is for the landlord. If the fault is due to misuse or carelessness on the part of the tenant or someone in the household, the tenant pays for it. Small repairs required by the wear and tear of everyday use are also for the tenant, except in temporary residential tenancy agreements signed or renewed since 8 October 2026, where the landlord pays for them. The cause is what decides If the appliance or the installation fails because of age, because it is worn out or because of an original defect, the landlord pays, since he or she must keep the home fit to live in without raising the rent as a result. That includes replacing the water heater or the boiler when they can no longer be repaired. If the fault is due to misuse or carelessness, the tenant pays for it, even if it is expensive. The law presumes that any deterioration of the rented home is the tenant's fault unless he or she proves otherwise, so it is in the tenant's interest to ask the technician to put the cause of the fault in writing. Small, routine fixes arising from everyday use, such as common, inexpensive faults in a boiler or a washing machine, are usually regarded as minor repairs and are for the tenant. A clause making the tenant pay for all repairs is not valid insofar as it goes beyond those minor repairs. The courts decide case by case and not always in the same way. A judgment of the “Audiencia Provincial” of Barcelona, the provincial appeal court, for example, held that replacing the boiler was for the landlord even though the tenancy agreement made the tenant responsible for repairing and maintaining the installations, because that does not include replacing the main components of the installation. Appliances If the flat was let with appliances, they follow the same rule. It is advisable to list them in an inventory signed on moving in, with their condition and, if possible, their age. If an appliance belongs to the tenant, its faults are the tenant's own business. If it burns out because of a power surge in the electricity network, the distribution network operator may be liable in addition to the home insurance. What to do when something breaks down Notify the landlord as soon as possible and in writing. If the tenant does not do so and the damage gets worse, the tenant is liable for whatever has worsened because of the delay. If the repair is urgent to prevent imminent damage or serious inconvenience, the tenant may carry it out after notifying the landlord and immediately claim back what he or she has paid. In agreements signed or renewed since 8 October 2026, the tenant can request the repair in writing, enclosing a quote. If the landlord does not reply within fifteen calendar days or refuses without good reason, the tenant can carry it out and deduct its cost from the following rent payments. In a temporary residential tenancy, the time limit is five working days.