It is the responsibility of the landlord to maintain the property in normal conditions for the tenant to be able to enjoy it, this implies the adequate design to conduct the water collected on the surface of the roofs by means of a technical slope that guarantees that these will not accumulate.

For example, on a roof, that the water will not be returned by a counter slope or will filter through the cracks and/or fissures of the same, in addition, that the tiles are well overlapped (the tile-tile union); Now, the ducts (channels) must be sufficient to receive and evacuate the water collected from the roof surface to the downspouts; pipelines whose dimension and slope must be adapted based on calculations made according to the pluviographic index of the place (index of a unit of measure of rainwater that falls per metric unit of surface in rainy seasons or in an eventual big downpour).

This obligation also spreads to correct maintenance and waterproofing of ridges, cylinder heads, joints of the roofs to the walls, canopies, facades, windows; so that rainwater does not filter into the interior, as well as the waters coming from the groundwater table and therefore the foundations, walls, and floors must be properly waterproofed and with efficient slopes.

A similar situation of due maintenance has to be done to the sewage and even drinking water pipelines, especially when they are old.

Corresponding only to the tenant the normal obligation of provision within the leased, keeping clean the bathrooms and taps, thereby the protective grids that may exist on terraces and roofs to which he has access; But we do not believe that on roofs where it does not have access, where scaffolding, ladders and experts are needed, it is the responsibility of the tenant to periodically maintain the gutters.

However, in Buildings subject to horizontal ownership, the roofs are essential common goods and their maintenance corresponds to the administration.

In this vein, we believe that it is not appropriate for the tenant to assume the aforementioned obligations, and we believe that once the landlord is notified of these flaws in the property, he must act diligently and in a timely manner, so due to his carelessness and negligence, he must respond to the Damages caused to the tenant (these must be proven).

In some situations such as the one consulted, we have read and in our opinion, we identify that given the market conditions in which real estate agencies receive the properties on consignment from the owners to manage them, but it is the real estate who leases them, it does not assume immediately to the obligation for his pocket to carry out urgent repairs, but while in turn notifying the owner to carry out the works, in winter times, situations become complicated and damages occur.

To keep in mind

It is necessary to find out if the lease contract is insured against the eventuality or risk of flooding, flooding and therefore the damages, then it is the landlord’s obligation to free himself of the damages to notify the insurance company so that it assumes the payment of the compensation.