COMPLETE GUIDE TO THE ALLOCATION OF EXPENSES BETWEEN OWNER AND TENANT

How many discussions between tenants and owners are born on the distribution of expenses both condominium and maintenance or various repairs.

The stipulated contract refers to the condominium expenses without specifying the breakdown and does not mention other expenses, you have often heard of ordinary and extraordinary but there is not very clear the difference.

Here, today we are talking about all this, so if you are interested in the subject if you think it appropriate, when you get to the end, print it and keep it in full view, you never know what you might need.

What the law says
Distribution of condominium fees If the tenant does not pay Distribution of expenses related to the property What the law says.

The law with the art. 576 of the civil code “Maintenance of the thing in good rental state” tells us that: The lessor must carry out, during the lease all the necessary repairs, except those of small maintenance that are charged to the tenant . In other words, the extraordinary maintenance costs are up to the owner, while the ordinary ones must pay the tenant .

The civil code with the Art. 1577 “Need for repairs” also says that: When the rented property needs repairs that are not the responsibility of the tenant , he is obliged to notify the landlord . In the case of urgent repairs, the tenant can execute them directly, subject to reimbursement, provided he gives notice to the landlord at the same time . So the extraordinary expenses are up to the owner, but the tenant is required to communicate to the owner all the maintenance that the property needs .

Of course, the law gives us its normative elements, but it is not easy to understand when we are faced with an ordinary or extraordinary work, which is why the jurisprudence is full of sentences in cassation that shed light and lead us to such a difficult subject.

Distribution of condominium fees
For the condominium expenses the same principle dictates of the art.1576 cc is in force, or to the tenant the current, ordinary and management costs of the condominium are due: cleaning, gardening, maintenance of elevator, air conditioner and heating, utilities (water light gas), the bleeding of cesspits and latrines etc.

The owner is entitled to the extraordinary or conservation costs of the property , such as the renovation of the systems, balconies, fa├žade plasters, repair costs for the boiler, air conditioner or elevator, overhaul of the fire protection system, etc.

The compensation of the administrator and the insurance of the condominium are the responsibility of the owner (as shown by various judgments in the Civil Cassation which have been followed over the years)

The porter’s costs (if any) are shared between tenant and owner respectively in the amount of 90% and 10%,

NB I would like to make a clarification, although many administrators already divide the costs between landlord and tenant , it is not obliged to divide your expenses and is not obliged to request payment of the costs to the tenant . Many do it to make life easier for you, but I repeat that it is not their job and it is their right to ask you for an additional fee for this service.