Who pays for maintenance on a rented property: landlord or tenant?
Short answer: The general rule is simple — the owner is responsible for structural and pre-existing issues; the tenant is responsible for damage caused by use or negligence. Normal wear and tear over time isn’t anyone’s responsibility: it’s simply an inherent cost of owning property.
What the law says
The Tenancy Law (Law 8.245/91) draws a clear line between the two parties’ obligations:
- Art. 22: the landlord must deliver the property in usable condition, is liable for defects that predate the lease, and must handle urgent repairs.
- Art. 23: the tenant must take good care of the property, return it in the condition received (except for normal wear and tear), and immediately repair any damage they themselves cause.
What is the owner’s responsibility
- Structural issues: roof, slab, waterproofing, foundations
- Embedded electrical and plumbing systems (inside walls and slabs)
- Defects that already existed before the lease — even if they only show up later
- Leaks of structural origin: damaged roofing, worn gutters, poor waterproofing
- Pre-existing pests (termites in old woodwork, for example)
- Accumulated normal wear: paint fading over the years, grout loosening over time
What is the tenant’s responsibility
- Everyday upkeep: replacing lightbulbs, cleaning A/C filters, sealing faucets, tightening hinges
- Damage from misuse: broken glass, walls with excessive holes, flooring scratched from dragging heavy furniture
- Clogged drains and traps from debris built up through use
- A leak caused by a window left open during heavy rain
- Pests that appear during the lease due to lack of care (moisture buildup, insufficient ventilation)
Normal wear and tear is never charged
If laminate flooring is slightly scratched after three years of normal use, or paint has darkened near ventilation edges — that’s wear, not damage. The law protects the tenant in these cases. What distinguishes wear from damage is the move-in inspection report: if the item was noted as being in good condition and comes back damaged beyond what’s expected, it’s damage.
How Regente resolves it when it’s unclear
When responsibility isn’t clear-cut, Regente’s Maintenance Department reviews the request, cross-checks it against the move-in inspection report, and mediates the decision between owner and tenant before dispatching any provider. No service order is executed without formal approval from the responsible party.
Practical example
A tenant in Córrego Grande reported a leak under the kitchen sink. The move-in inspection showed the plumbing in good condition. The problem appeared after 2 years of use: an external trap with a worn thread. Tenant’s responsibility (external plumbing, wear from use). An accredited provider was dispatched with the tenant’s approval, and the cost was deducted from the next payment.
Related questions
- Water leaks in a rented property: whose responsibility is it?
- Termites in a rented property: who pays for extermination?
- How do I open a maintenance request at Regente?
- Can I dispute the move-out inspection report?
Still unsure about a specific case? Talk to Regente.