Who pays for repairs in a rented apartment: rights of the tenant and responsibilities of the owner

If it breaks down in a rented apartment in Greece boiler, dampness or dangerous wiring has appearedthe tenant is not always obliged to pay himself. But first you need to properly notify the owner.

A broken boiler, dampness on the ceiling, a leak, old wiring or heating problems in a rented apartment – it’s not always the tenant’s concern. In Greece, the owner is obliged to make the property fit for habitation and to maintain it in a safe condition during the entire rental period.

The Union of Working Consumers of Greece reminds us of this, Ένωση Εργαζομένων Καταναλωτών Ελλάδας (ΕΕΚΕ), referring to the provisions Civil Code. The organization warns tenants: You should not immediately make serious repairs at your own expense without notifying the owner. Then the expenses may simply not be recognized.

That is, the everyday logic “I fixed it, now I’ll deduct it from the rent” does not always work in real life. The law, as usual, loves paper, notices and evidence. Apparently, so that people do not relax and think that common sense is enough.

What the owner must do

The owner is obliged to provide the tenant with housing suitable for habitation and ensure its normal use throughout the entire rental period.

According to ΕΕΚΕ, the owner is responsible for breakdowns and damage that were not caused by the actions of the tenant. For example:

• serious plumbing problems;
• electrical faults;
• leaks and roof damage;
• heating problems;
• dampness and damage due to the old age of the building;
• breakdowns associated with natural wear and tear of housing.

In other words, if the boiler breaks down due to age, the wiring sparks not because the tenant decided to install a small power plant at home, and the ceiling leaks due to the condition of the building, this is the owner’s responsibility.

Athens News has already written about the wider housing crisis in Greece: rents are rising faster than incomes, and decent housing is becoming less affordable for the family budget. Rent has become a death sentence for the family budget.

What is the tenant responsible for?

The tenant is responsible for minor damage from normal use and for damage caused by himself or people living with him.

These costs usually include:

• replacing light bulbs;
• small elements worn out from frequent use;
• damage caused by the tenant;
• broken glass, holes in walls, damaged items due to careless handling.

The line between “natural wear and tear” and “broke” sometimes becomes a wonderful theater of the absurd. The owner says: “You used it.” The tenant replies: “The crane was older than democracy.” This is why photographs, correspondence and repair records are important.

What to do if the owner does not fix the breakdown

First step – written notice. The tenant must tell the owner about the problem in a way that can be proven.

Suitable:

• email;
• SMS;
• message in the messenger, if the sender and content are visible;
• formal out-of-court notification through a lawyer if the situation is serious.

The notice must clearly describe the problem and give the owner a reasonable time to make repairs. For example: “there is a leak in the apartment”, “the boiler is not working”, “there is a risk of a short circuit”, “there is moisture on the ceiling”.

If we are talking about a dangerous situation – for example, there is a water leak, there is a risk of a short circuit, or the housing becomes uninhabitable – the tenant should act faster, but still record every step.

Is it possible to repair it yourself and deduct it from the rent?

Yes, but not automatically and not as anyone pleases. If the breakdown is urgent and the owner does not respond, the tenant can carry out repairs and deduct the amount from the rent. But only if there is evidence.

Need to save:

• written notice to the owner;
• photographs or videos of the breakdown;
• invoices and receipts from the master;
• description of the work performed;
• correspondence with the owner.

Without this, the owner may claim that the repairs were unnecessary, overpriced, or not agreed upon at all. And then, instead of solving the problem, the tenant gets a new problem, but with documents, lawyers and human melancholy.

An important related topic is the lease itself. Previously, Athens News examined in detail how a tenant in Greece can be caught on hidden clauses in the contract, including terms, rent increases, utility costs and repairs. Lease agreement in Greece: how a tenant is caught using hidden clauses.

Is it possible to reduce the rent or move out?

If the owner has essentially abandoned the property and does not correct serious problems, the tenant may demand a reduction in rent. In severe cases, early departure from the apartment is possible due to the fault of the owner.

But here it is especially important not to act on emotions. If housing has become dangerous or unsuitable, it is better to obtain legal advice and put the action in writing. Simply stopping paying rent and hoping “it’s fair” is a bad strategy. In general, justice rarely comes to court with receipts, and the court, alas, needs exactly them.

It’s also worth remembering: in Greece, a master tenancy is usually protected by a mandatory three-year term, even if the contract specifies a shorter period. But this does not cancel the obligations of the parties to maintain the apartment and pay rent. “Athens News” wrote more about this in the material “The owner demands more money for the apartment: is the tenant obliged to agree?”.

Short instructions for the tenant

If a serious breakdown occurs in the apartment, proceed in order:

• take a photo or video of the problem;
• notify the owner in writing;
• give a reasonable period of time for repairs;
• in case of urgent danger, call a specialist, but keep all documents;
• do not withhold money from rent without evidence;
• In case of a serious conflict, contact a lawyer.

The main rule is simple: serious repairs in a rented apartment cannot be turned into a verbal agreement “on trust”. Especially when it comes to money. Today everyone is kind and understanding, and tomorrow suddenly no one said anything, no one saw anything, and for some reason the bill from the plumber has become your personal literary fantasy.

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