Even residents for rent need assistance: but who pays?

The tenant’s law defines what depends on the owner and the tenant; The expert explains the rights and duties in case of repairs

A tube burst in the middle of dawn, an infiltration that drips through the wall or electrical wiring that gives short signs. The problems in the real estate sector for rent are common – and, together with them, the question always arrives: who should bear the repair, the tenant or the owner?

The answer lies in the law of tenants (law n. 8.245/1991), but experts remember that the question often ended up questioning. “The lessor is not required to offer technical assistance as a construction company, but has the responsibility of maintaining the ownership and in conditions of use”, explains the lawyer Luiz Fernando Maués Oliveira, specialist in procedural law, jurisdiction and public law, with the right of business and real estate.

Emergency at home? Let’s solve for you! With land residential assistance, you have keychain, plumber, electricians, glass repairs, tiles and more when and where you need it. From R $ 24.90 per month!

What does the law say

Article 22 of the tenant’s law of course: the owner must deliver the property in a suitable state to live and carry out the necessary repairs during the lease. This includes infiltration of walls, compromise roof, construction dependencies, old pipes with losses and defective electrical installations.

Article 23 establishes the obligations of the tenant: taking care of the property, carrying out minor repairs deriving from normal use and responding for damage caused by improper use. Examples are the exchange of lamps, the maintenance of showers and touches, the cleaning of exhausts and the repair of locks.

“In short: the structural problems come from the owner; daily maintenance comes from the resident”, he summarizes Oliveira.

When the tenant can correct and serve the rent

The law also provides situations in which the tenant can support repair and therefore discard the value of the rent. This happens when:

• The problem is the responsibility of the owner;
• The owner had previously been informed and was not resolved in reasonable time;
• The tenant shows the expense on receipts and invoices.

There are still cases of absolute urgency. If a pipe explodes and threatens to flood the apartment, the resident can immediately call the plumber, even without notice. But then he must communicate the owner and justify the expense.

“These rules exist to ensure that the property is still habitable, without the tenant who derives from costs that are not his”, explains the lawyer.

Assistance is not technical support

The confusion is common: some tenants imagine that the owner should offer a sort of “assistance for 24 hours”, as well as residential maintenance companies. This is not the case.

The tenant’s law does not require the owner to maintain technical or quotes. The legal duty is only to resolve or finance the repairs that prevent the normal use of the property.

On the other hand, the resident must guarantee the conservation of the space and not exceed the agreed use in a contract – if it perforates a wall and breaks the tube, for example, the account will be his.

The dispute can stop in court

When the owner does not respect his obligations, the tenant can resort to the judiciary. Among the possible measures are:

• Action of the obligation to do, to oblige the owner to carry out the repair;
• Request for an injunction, in case of immediate health or safety risk;
• The allowance for material and even moral damage, if omission causes damage, as an infiltration that makes homes impossible.

“In practice, justice can intervene to guarantee the right of the tenant. But the ideal is always to try to resolve friendly to avoid spending and wear in both sides,” says Oliveira.

The assistance market grows

In recent years, insurers and specialized companies have started to offer residential assistance plans, also from the key chain to electrical and hydraulic emergency repairs.

The market has moved about $ 6 billion in 2024, according to the estimates in the sector, and grows guided by the demand for residents – including tenants – who want greater security to deal with unexpected events at home.

But in these cases, you must be aware: those who take and pay for the service is normally the owner. It is up to the tenant to negotiate if you have access to this type of benefit.

Source: Terra

Ben

Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.