The DANA, which has devastated dozens of municipalities in the Valencian Community, Castilla-La Mancha, Andalusia, Murcia, Catalonia and the Balearic Islands, has caused damage to tens of thousands of homes. The destruction of the storm has left hundreds of families homeless or in urgent need of repairs. The Government decreed this Wednesday an aid package, which includes amounts of 20,640 euros for damages that do 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 live in rent and who have also seen their homes affected? Should they continue paying rent? What are they entitled to? Who has to take responsibility for damage to their homes? The Minister of Consumption, Pablo Bustinduy, who released this Thursday a guide for consumers affected by DANA, has 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 that they cannot enjoy”, which includes housing.
My house has been affected, who is responsible for the repairs?
The Urban Leasing Law (LAU) establishes that it is the landlord who has to make those repairs that are “necessary to keep the home in habitable conditions to serve the agreed use.” The rule establishes an obligation for the tenant: to notify the landlord “in the shortest possible time.”
Do I have to continue paying rent?
It depends on the type of repair that is necessary. There are several assumptions. If it is necessary to carry out works immediately, “the tenant will have to endure them, even if they may be annoying or deprive him of the use of a room temporarily, as long as it is not a room essential for the habitability of the home,” explain sources from the Ministry of Consumer Affairs. For example, if the toilets of a property with only one bathroom are affected, it is understood that the home does not meet the habitability requirements. In cases in which these works last more than 20 days, the tenant may “reduce the rent in proportion to the part of the home that he or she is deprived of,” the department directed by Bustinduy indicates.
The tenant may stop paying the rent if the conservation works prevent the home from being inhabited. In this case, you may cancel the contract, without the right to compensation, or suspend it until you can return to the property. If the tenant opts for this second option, “both the payment and the term are suspended,” indicates lawyer Montse Serrano, from Colectivo Ronda. This means that the completion date of the contract is delayed as long as it has been suspended. For example, if the contract is valid until January 1, 2026, but is suspended for one month, the validity would be extended until February 1 of that year.
After repairs, can my rent be raised?
No, in no case. “These works do not give the right to increase income,” insists Serrano. A message that is also made clear by Consumption: “Article 21 of the LAU imposes as an obligation on the owner, without the right to increase the rent, to carry out all the repairs that are necessary to keep the home in habitable conditions for serve the use established in the contract.”
What if the owner refuses to pay for the damage?
If the owner refuses to carry out the conservation works to which he is obliged, the tenant may terminate the contract, with the corresponding compensation for damages, or demand that the repairs be carried out, indicate ministerial sources. “In the case of more specific claims, which allow continued occupation of the home, if the owner does not assume responsibility, the tenant can execute them and then claim them,” explains the lawyer.
Bustinduy has encouraged tenants to “exercise their rights”, as well as to “communicate to the authorities all abuses and violations that may occur.” “The victims of DANA cannot also be victims of social exclusion and that implies reinforcing and guaranteeing their rights as consumers,” he stated within the framework of his powers.
What happens if the home has been destroyed?
It is the only case in which the owner will not have the obligation to repair the home and terminate the contract.
Does the insurance cover the tenant or the owner?
It will depend on who has taken out the policy. Home insurance covers the continent, that is, the home itself and not what is in it. In cases of natural catastrophes, such as DANA, the Insurance Compensation Consortium is responsible for compensation, but only for those people who have a policy that is up to date with payment.
Furthermore, the aid announced by the Government would exclude these properties, because the beneficiaries must “prove ownership of the affected properties” and these must be “the habitual residence.” And the landlords are the owners, but it is the tenant’s habitual residence.
What if I have lost the furniture?
If there is insurance for the contents, that is, for the belongings, furniture or appliances, the compensation will be for the owner of these items who has contracted the policy. In the Government’s aid package, up to 10,320 euros are included “for destruction or damage to essential household goods in the habitual residence.” And according to the sources consulted, tenants are entitled to this subsidy.
“Under normal conditions, tenants have to prove (possession of these belongings) through invoices, photographs or any document they can provide. Here, given the impossibility of demonstrating this, other valuation systems will come into play,” says Serrano. Specifically, the Royal Decree published this Wednesday establishes that “in order to prove the amount of damage to the home and essential belongings, in those cases in which there is no insurance coverage, a contracted and validated expert report will be accepted by the city council.”
Is there any more help for tenants?
Yes, the Generalitat has launched an aid of 6,000 euros per affected home, whether owned or rented, by presenting a copy of the contract. The Professor Uría Foundation recommends making the request “as soon as possible”, because the total package is limited to 200 million euros. Tenants who share an apartment should keep in mind that it can only be requested once per home.
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