Verified against the official source

Something broke in your rented home: does the landlord or the tenant fix it?

Short answer

The Civil Code's general rule: the landlord pays for the necessary repairs to keep the property in good condition throughout the lease, unless the contract says otherwise. The tenant pays for ordinary upkeep and for damage they caused, and must report any problem immediately. If it is urgent, the tenant can fix it themselves and get reimbursed, as long as they notify the landlord at the same time.

VerificationVerified against the official sourceSee the sources ↓

6sources cited
6read at the official source
1official institutions

SPIJ

Checked 1 Oct 2026Next review 19 Mar 2027

By Gyason · verified 1 Oct 2026

PeruviansForeign residents

Send on WhatsApp

The underlying rule: the landlord maintains, the tenant preserves

The Civil Code splits the obligation across two articles worth reading together. Article 1680, item 2, puts the duty to “carry out all necessary repairs” during the lease on the landlord, unless otherwise agreed. Article 1682 puts “the costs of upkeep and ordinary maintenance” on the tenant, again unless otherwise agreed.

The practical difference: a necessary repair is what the property needs to keep serving its purpose — a failing electrical installation, a broken pipe, a structural leak. Ordinary maintenance is the day-to-day care of something that works — changing a lightbulb, clearing a drain after normal use, keeping appliances clean. The first is the landlord’s responsibility; the second, the tenant’s. Both rules carry the same caveat: “unless otherwise agreed.” If the lease says something different, the lease governs.

What the landlord must deliver from the start

Article 1678 requires handing over the property “with all its accessories, on the agreed date, place and condition.” Article 1679 adds a presumption: once delivered, the property is presumed to be “in a condition to serve its purpose and with everything necessary for its use.” That presumption favors the landlord if there is no record of the actual condition at move-in — which is why it is worth documenting, whichever side of the lease you’re on.

The duty to report, and what happens if you don’t

Article 1682 is the article that decides most disputes in practice. Three rules, in order:

Immediate notice. The tenant must notify the landlord without delay of any repair that is needed. Failing to notify makes the tenant liable for “the resulting damages” from that delay.
Urgent repairs: the tenant handles them, with a right to reimbursement. But the reimbursement depends on one condition: notifying the landlord “at the same time” the repair is made. Fixing it first and mentioning it weeks later weakens the claim.
Everything else is the tenant’s ordinary maintenance, unless the lease says otherwise.

When a repair costs you use of the property

If the landlord needs to carry out work that cannot wait until the lease ends, article 1673 requires the tenant to tolerate it, even if that means losing the use of part of the property while it lasts. Refusing is not an option for the tenant.

But article 1674 gives a way out if that loss of use is real: the tenant can ask for the lease to be terminated, or for a rent reduction proportional to the time and the part of the property they cannot use. The latter is usually the more sensible route when the work is temporary — weeks without a working bathroom or kitchen while a pipe gets fixed, for example.

Who bears the risk if something is lost or damaged

Article 1683 places the risk of loss or damage to the property on the tenant for the duration of the lease, “even if it results from fire,” unless they prove it happened for a cause not attributable to them. They are also liable for damage caused by people they let use the property, even temporarily — guests, informal subtenants, contractors they hired.

This is the article that, in practice, decides deposit disputes at the end of a lease: the landlord alleges chargeable damage; the tenant has to prove they didn’t cause it, or that it is ordinary use under article 1681.10. That’s why documenting the property’s condition at both ends of the lease isn’t a cosmetic tip — it is literally the evidence the law puts in your hands.

How to file

Report it immediately, in writing, as soon as you notice the problemArticle 1682 makes immediate notice a tenant's duty, not a courtesy. A dated text message or email is enough to prove you reported it and when.
If it is urgent, fix it and keep the receipt«Urgent» means something that cannot wait without causing more damage or making the property unlivable: a water leak, exposed wiring, a door that won't lock for safety. Notify the landlord at the same time you send someone to fix it — that is what activates your right to reimbursement.
If it isn't urgent, ask for the repair and give a reasonable deadlineNecessary repairs that aren't urgent are also the landlord's obligation (article 1680.2), but you don't have the same right to fix them yourself and bill it immediately. Document the request and how long it takes to get a response.
If a repair costs you use of part of the property for a long stretch, consider a rent reductionArticle 1674 gives you that option when the work prevents using part of the property. Try to negotiate first; without agreement, the route is a formal claim or, as a last resort, court.
If the landlord never responds, document everything before acting on your ownDated photos, messages sent without a reply, and repair quotes. That record is what decides, at the end of the lease, who was right about each deduction from the deposit.

What people fail to ask in time

Do you know what happens to your deposit if the landlord says the damage was yours and you say it was ordinary wear?

Find out before it matters →

What most people believe — and what the law says

The belief

If anything breaks in the apartment, the tenant always pays because they live there.

The law

The opposite, as a general rule. Article 1680.2 puts the duty to make «all necessary repairs» during the lease on the landlord, unless otherwise agreed. The tenant pays for ordinary upkeep (article 1682) and for damage they caused themselves (article 1683) — not for structural or necessary repairs to the property.

The belief

Normal wear from living somewhere gets deducted from the deposit.

The law

No. Article 1681.10 requires returning the property «sin más deterioro que el de su uso ordinario» — with no more wear than ordinary use — meaning ordinary use is explicitly excluded from what counts as chargeable damage.

The belief

If a pipe bursts urgently, the tenant has to cover it because the landlord isn't around.

The law

Article 1682 says the opposite: for urgent repairs, the tenant can fix them directly «con derecho a reembolso» — with a right to reimbursement — as long as they notify the landlord at the same time. The cost is not lost; notifying is what lets you claim it back.

The belief

The tenant can refuse any work because the lease is already signed and nobody gave advance notice.

The law

Article 1673 requires the tenant to tolerate repairs that cannot wait until the lease ends, even if it costs them use of part of the property. What they gain in exchange: if that loss of use is significant, article 1674 gives them the right to terminate the lease or ask for a proportional rent reduction.

The belief

If the landlord didn't hand over the property in good condition, the tenant has no way to prove it later.

The law

Article 1678 requires delivering the property «con todos sus accesorios, en el plazo, lugar y estado convenidos» — with all its accessories, on the agreed date, place and condition. Documenting the condition at move-in — photos, video, a signed inventory — is what later distinguishes a pre-existing flaw from damage caused during the lease.

Frequently asked questions

What happens if I notify the landlord about a problem and they don't respond?

Article 1682 requires the tenant to notify the landlord immediately, but it doesn't set a response deadline for the landlord. In practice, it's worth documenting the request (date, messages, repair quotes) and giving a reasonable amount of time; if the landlord never responds, that documentation is what decides, at the end of the lease, who was right.

What counts as an 'urgent' repair under the Civil Code?

Article 1682 doesn't give a closed list, but an urgent repair is understood as something that can't wait without causing further damage or making the home unlivable: a water leak, exposed wiring, a door that won't lock for security reasons. In those cases the tenant can repair it directly and has a right to reimbursement, as long as they notify the landlord at the same time.

What happens if the tenant doesn't report a problem right away?

Under Article 1682, a tenant who doesn't report a problem without delay is liable for the damages resulting from that delay. That's why giving immediate, written notice is key to not losing the right to claim later.

Can I ask for a rent reduction if a repair keeps me from using part of the home?

Yes. Article 1674 gives you that option when work that can't wait until the end of the lease deprives you of the use of part of the property: you can ask for the contract to be terminated or for a rent reduction proportional to the time and the part you couldn't use.