Tenants may be obliged to cover certain housing-related costs that are usually the responsibility of the landlord. The Urban Leasing Law (LAU) outlines specific exceptions allowing costs such as community fees or other property-related expenses to be transferred to the tenant, provided this obligation is clearly stated in the rental agreement. In such cases, the tenant cannot refuse to pay them.
This is one of the aspects that generates the most uncertainty among landlords and tenants. Many people believe that this obligation always falls to the property owner, but in reality, the law states that those residing in the property may also be responsible for such payments in some instances.
The LAU specifies that general property costs, including the homeowners’ association fee, are the responsibility of the property owner. However, the law also allows both parties to agree to a different arrangement.
The Condition for Tenant Payment of Community Fees
The possibility of passing this cost on to the tenant is noted in Article 20 of the LAU, which stipulates that there must be an explicit agreement between the parties. The obligation is not automatically incurred simply by residing in the property. It must be clearly stated and documented in the rental contract.
Moreover, it is insufficient to include a generic statement indicating that the tenant will be responsible for the community fee. The document must specify the annual amount of these fees at the time of signing. This requirement aims to ensure transparency and prevent the tenant from assuming financial obligations of which they are unaware.
When the contract does not contain this information, courts typically rule that the payment is the responsibility of the owner. The most common arrangement is for the tenant to pay the community fee along with the monthly rent.
For example, if the rent is 800 euros and the community fee amounts to 50 euros per month, the invoice can reflect both items separately, resulting in a total of 850 euros.
There is also the possibility for the tenant to pay directly to the homeowners’ association, but many experts discourage this option. The reason is that in the event of any default, the community will always pursue the property owner, not the occupant of the property.
The Horizontal Property Law establishes that the party responsible to the community is the owner, regardless of any private agreements made with the tenant.
Additionally, when the community approves an extraordinary contribution for building works, it is the owner who is responsible for payment, and this cannot be transferred to the tenant. The reason is that such actions are part of the property owner’s obligation to maintain the building or increase its value, a benefit that accrued to the owner.
The Difference Between Community Fees and Utilities
The situation changes when it comes to costs that can be individually measured via a meter. The legislation assigns the tenant responsibility for payments such as water, electricity, or gas, as these are services directly related to their use of the property. In these cases, a specific agreement is not necessary since the obligation arises from the consumption itself.
In contrast, community expenses have a different nature. They include aspects such as cleaning of common areas, routine maintenance of the lift, lighting for entrances and staircases, or concierge services.
The Urban Leasing Law establishes rights and obligations for both parties: the landlord and the tenant.
