Water leaks in a rented property: whose responsibility is it?
Short answer: A leak of structural origin is the owner’s responsibility. If it was caused by the tenant’s misuse, it’s the tenant’s responsibility. The move-in inspection report is the most important piece of evidence for determining who pays — and timing matters: if the owner doesn’t act within 30 days, the tenant can terminate the lease without penalty.
When the owner is responsible
The Tenancy Law (art. 22) requires the landlord to be liable for defects that predate the lease and to keep the property in usable condition. A leak is the owner’s responsibility when it:
- Comes from the roof, slab, or covering due to structural issues
- Results from poor or faulty waterproofing
- Comes from gutters and flashing damaged over time
- Is caused by embedded plumbing (inside the walls) that’s worn or ruptured
- Was already noted or implied in the move-in inspection report
- Comes from the building’s common areas (the condo association’s responsibility)
When the tenant is responsible
The tenant is liable for damage they themselves cause. A leak is the tenant’s responsibility when it:
- Was caused by a window or door left open during heavy rain
- Results from a drain or internal gutter clogged by debris from use
- Came from a leaking bathtub, aquarium, or appliance used by the tenant
- Resulted from a modification made by the tenant without the owner’s authorization
When it comes from a neighbor or the condo association
In apartment buildings, leaks coming from the unit above or from common areas are the responsibility of the neighbor who caused it or the condo association. In these cases, Regente advises the tenant to notify the building manager (síndico) and, if necessary, the owner, so they can involve insurance or the condo association.
What to do right away
- Document everything: dated photos and videos of the visible problem.
- Open a request: notify Regente immediately — in writing (WhatsApp or email).
- Don’t repair it yourself before an assessment, except in an emergency. In those cases, notify Regente and keep the invoices.
- Track the deadline: the owner has a legal duty to act. After 10 days with no response, you can seek a rent discount; after 30 days, you can terminate the lease without penalty.
Deadlines and tenant rights
- No repair within 10 days: the tenant can seek a proportional rent discount for the period of disruption.
- No repair within 30 days: the tenant can terminate the lease without penalty (art. 22, Law 8.245/91).
- Emergency expenses: if the tenant covered an urgent repair that was the owner’s responsibility, the amount can be deducted from the next rent payment (keep the invoices).
How Regente resolves it
Regente’s Maintenance Department receives the request, checks the move-in inspection report to identify whether the problem was pre-existing, classifies responsibility, and contacts the responsible party. If there’s a dispute, the Leasing Coordinator (Cyro) mediates before any work is carried out. No provider is dispatched without formal approval.
Practical example in Florianópolis
A tenant in Pantanal noticed damp stains on a bedroom wall during winter. Regente checked the move-in report: the wall was in normal condition, no mention of dampness. The provider’s diagnosis: external waterproofing had deteriorated over time — the owner’s responsibility. The repair was carried out 12 days after approval. The owner authorized it without dispute; the move-in report was decisive.
Related questions
- Who pays for maintenance on a rented property: landlord or tenant?
- Termites in a rented property: who pays for extermination?
- How do I open a maintenance request at Regente?
Dealing with an open leak and an unresponsive owner? Talk to Regente now.