The DANA, which devastated dozens of municipalities in the Valencian Community, Castile-La Mancha, Andalusia, Murcia, Catalonia and the Balearic Islands, caused damage to tens of thousands of homes. Storm damage left hundreds of families homeless or in dire need of repairs. The Government decreed this Wednesday an aid program, which includes amounts of 20,640 euros for damage that does not affect the structure of the habitual residence, 41,280 euros if it is affected and 60,480 for the total destruction of the property.
But what happens to families who are living in rent and who have also seen their homes affected? Do they have to continue paying their rent? What are they entitled to? Who should take responsibility for damage to their home? The Minister of Consumer Affairs, Pablo Bustinduy, who published on Thursday a guide for consumers affected by DANA, indicated that the government’s objective is that these people “do not suffer a double blow, in this case, by facing the costs of goods and services. which they cannot enjoy,” which includes housing.
My house was damaged, who is responsible for the repairs?
The Urban Leases Act (LAU) establishes that it is the owner who must carry out the repairs “necessary to maintain the house in habitable conditions and meet the agreed use”. The rule establishes an obligation for the tenant: to notify the landlord “as soon as possible”.
Do I have to continue paying rent?
It depends on the type of repair needed. There are several hypotheses. If it is necessary to carry out work immediately, “the tenant must bear it, even if it may hinder him or temporarily deprive him of the use of premises, provided that it is not a question of ‘a premises essential to the habitability of the accommodation’. at home”, explain sources from the Ministry of Consumer Affairs. For example, if the toilets of a property with only one bathroom are concerned, it is understood that the house does not meet the habitability requirements In the event that this work lasts more than 20 days, the tenant will be able to “reduce the rent proportionally to the part of the accommodation of which he is deprived”, indicates the service led by Bustinduy.
The tenant can stop paying the rent if the conservation work prevents the accommodation from being inhabitable. In this case, you may terminate the contract, without right to compensation, or suspend it until your return to the property. If the tenant opts for this second option, “both the payment and the term are suspended”, indicates lawyer Montse Serrano, of Colectivo Ronda. This means that the contract completion date is delayed as long as it has been suspended. For example, if the contract is valid until January 1, 2026, but is suspended for a month, the validity would be extended until February 1 of this year.
After the repairs, can my rent be increased?
No, under no circumstances. “This work does not give rise to an increase in income,” insists Serrano. A message which is also clear by Consumption: “Article 21 of the LAU imposes the obligation on the owner, without the right to increase the rent, to carry out all the repairs necessary to maintain the accommodation in habitable conditions for use. the usage established in the contract.
What to do if the owner refuses to pay for the damage?
If the owner refuses to carry out the conservation work to which he is obliged, the tenant may terminate the contract, with the corresponding compensation for the damage, or demand that the repairs be carried out, indicate ministerial sources. “In the case of more specific claims, which allow the continued occupancy of the accommodation, if the owner does not assume responsibility for them, the tenant can execute them and then claim them,” explains the lawyer.
Bustinduy encouraged tenants to “exercise their rights,” as well as “communicate to the authorities any abuses and violations that may occur.” “The victims of DANA cannot also be victims of social exclusion and this implies strengthening and guaranteeing their rights as consumers,” he said as part of his remit.
What happens if the house is destroyed?
This is the only case in which the owner will not have the obligation to repair the accommodation and terminate the contract.
Does the insurance cover the tenant or the owner?
This will depend on who purchased the policy. Home insurance covers the continent, that is, the house itself and not what is inside it. In the event of natural disasters, such as DANA, the Insurance Compensation Consortium is responsible for compensation, but only for those with a current payment policy.
In addition, the aid announced by the government would exclude these properties, because beneficiaries must “prove ownership of the properties concerned” and they must be “habitual residence”. And the owners are the owners, but it is the tenant’s habitual residence.
What if I lost the furniture?
If there is insurance for contents, i.e. for personal effects, furniture or household appliances, compensation will go to the owner of these items who took out the policy. In the government’s aid plan, up to 10,320 euros are provided “for the destruction or damage of essential household goods in the habitual residence”. And according to the sources consulted, tenants are entitled to this subsidy.
“Under normal conditions, tenants must prove (possession of these goods) by invoices, photographs or any documents they can provide. Here, given the impossibility of demonstrating it, other valuation systems will come into play,” explains Serrano. Concretely, the royal decree published this Wednesday establishes that “in order to prove the amount of damage caused to the house and essential property, in cases where there is no insurance coverage, a contracted and validated expertise will be accepted by the town hall. .”
Is there any other help for tenants?
Yes, the Generalitat has launched aid of 6,000 euros per accommodation concerned, whether owned or rented, upon presentation of a copy of the contract. The Professor Uría Foundation recommends making the request “as soon as possible”, as the total amount is limited to 200 million euros. Tenants who share an apartment should keep in mind that this can only be requested once per accommodation.
