If you have decided to share a flat and you have doubts about who should pay the bills, at Lumisa we will help you clarify these doubts!
According to the Law 29/1994, of November 24, of Urban Leases (LAU) the distribution of the invoices is free to be agreed between the landlord and the tenants. We can find it in article 20:
"The parties may agree that the general expenses for the proper maintenance of the property, its services, taxes, charges and responsibilities that are not susceptible to individualization and that correspond to the leased house or its accessories, are charged to the lessee."
The owner may agree that the general expenses are also paid by the tenants. If the owner transfers the expenses such as services, taxes and charges to the tenants, it must reflect the annual amount of those expenses in the contract.
However, according to the College of Property Administrators of Madrid, "Normally, the general expenses, such as the quotas of the community of owners or the insurance of the house, correspond to the lessor, while the individualized services such as water, electricity , telephone, among others, they are paid by the tenant ".
In addition, according to FACUA - Consumers in Action in the event that tenants are the payers of these expenses "during the first five years of the contract, these expenses can only be increased annually and never by more than double the rate at which they can be raised. the rent".
The IBI, property tax.
In this case, and according to CAF Madrid, the Association of Property Administrators of Madrid, the payment obligations of the IBI should be assumed by the owner of the dwelling, and the debtor is obliged to the Administration. However, as we have already mentioned, the owner is free to agree to the contract.
General expenses: The fee on the Community.
Law 49/1960, of July 21, on horizontal property states that the obligation to pay falls on the owner since the receipt is sent in the name of the owner. However, as we have already seen, the Law of Urban Leases allows you to agree on everything. It is usually paid by the owner, however, the owner could have specified in the contract that the payer of these expenses is assumed by the tenant.
The rubbish rate corresponds to pay it to the tenants, since they are the subjects benefited from the garbage collection service.
Individualized expenses: Supplies of light, water, gas.
Regarding electricity bills, water, gas, internet, usually does not generate doubts about who owes the payment of them. Therefore, they should be in charge of the tenants since they are the direct beneficiaries of these services.
If you want to control expenses such as electricity and water, it will be necessary to make a change of ownership immediately.
Therefore, if you have contracted the light with us, in Lumisa you can manage the change of owner in a simple and fast way. Only by filling out the form that we indicate below.
Repairs and breakdowns.
According to the Urban Leasing Law, it is the owner's responsibility to make all the necessary arrangements, without raising rent, for the conservation of the house in conditions of habitability, provided that they affect notable defects or basic elements of the property.
Therefore, maintenance and troubleshooting of electrical installation, pipes and heating will be the responsibility of the owner. Therefore, the owner must bear the cost of conserving the home.
However, if the deterioration has been caused by excessive use of the tenant as well as damage caused by misuse and small breakdowns such as light bulbs, fix the bathroom chain, among others.
It is important that in order to avoid problems, both the landlord and the tenants agree on the distribution of expenses.