Tenant or Landlord: Who Pays for wear and tear repairs?

If you’ve been renting in Ecuador, you’ve probably noticed some wear and tear over time.

Who is responsible for covering these repair costs?
Let’s break it down for you.

Any repairs needed for natural wear and tear are called “mejoras locativas”. These types of repairs are the responsibility of the tenant, not the landlord.

Article 1881 of the Ecuadorian Civil Code states that damages resulting from normal use of the property or the passage of time (wear and tear) are the tenant’s responsibility. This means:

1.You cannot demand that the landlord cover repairs due to natural wear and tear, you must pay.
2.You cannot deduct these repair costs from your rent.
3.You cannot terminate your lease if the landlord does not carry out these repairs.
4.The landlord can deduct repair costs from your security deposit when your lease ends.

How Can You Protect Yourself as a Tenant from Wasting Money Fixing Someone Else’s Property?

Although these rules are established by law, the lease agreement can modify it.

You can negotiate better conditions with the landlord to avoid:
1. Having repair costs deducted from your security deposit.
2. Losing your deposit due to natural wear and tear.
3. Constantly paying for repairs on a property that you don’t own.

Need Help on Your Lease Agreement?
If you want a lease agreement that protects you, relieves you from responsibility for wear and tear repairs and helps you avoid other issues involved in lease agreements, reach out to us for expert legal guidance.