With the arrival of good weather and more hours of sunshine, many tenants are wondering if it is possible to install an awning in any part of the house and whose responsibility it is to bear the costs. The Urban Lease Law (LAU) of 1994 makes it clear that the tenant may not carry out works that modify the configuration of the dwelling without the consent of the landlord. With the landlord’s approval, the tenant can pay the cost of installing an awning and, thus, be cooler in the summer.
Article 23.1 of the LAU states that “the lessee may not, without the consent of the lessor, expressed in writing, carry out works that modify the configuration of the dwelling or the accessories referred to in paragraph 2 of Article 2. In no case may the lessee carry out works that cause a decrease in the stability or safety of the dwelling.”
And the lessor is only obliged to carry out works related to the conservation of the dwelling, as stated in Article 21.1 of the LAU: “the lessor is obliged to carry out, without the right to raise the rent for it, all repairs that are necessary to preserve the dwelling in habitable conditions to serve the agreed use, except when the deterioration of whose repair is in question is attributable to the lessee in accordance with the provisions of Articles 1,563 and 1,564 of the Civil Code.”
Therefore, Patricia Briones Gómez, lawyer of the legal department of the Colegio de Administradores de Fincas de Madrid (CAFMadrid), reminds that it is not an installation that must be assumed by the lessor, so the lessee can install the awning at his own expense as long as he is authorized to do so by the lessor.
Who must pay for the repair of the awning
If the rented apartment already has an awning and it has been broken, it is necessary to know whether it has been broken due to misuse by the tenant or due to external circumstances. The owner has to carry out and pay for all the repairs of conservation of the dwelling that are necessary to maintain its habitability, except in two cases: that it has been the tenant who has caused the damage or that it is a small repair derived from the wear and tear by the ordinary use of the dwelling.
Source: Idealista
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