In a rental, who pays the community fees and which expenses correspond to each party

What are community fees in a rental

Community fees are those costs related to the maintenance and operation of the common areas of a building or development, such as cleaning, the lift, lighting or the swimming pool. These expenses are managed by the residents' association and are usually paid monthly or quarterly.

At Finaer, we know that one of the most frequent doubts when renting a home is understanding which expenses the tenant can assume and which correspond to the landlord. That is why it is important to review the contract carefully and distinguish between ordinary and extraordinary expenses before signing a rental.

What community fees include

Community fees usually include services and maintenance related to the common areas of the property. Some of the most common are:

Cleaning of stairs and entrance halls

Lift maintenance

Lighting of common areas

Concierge or doorkeeper service

Maintenance of gardens or swimming pool

Ordinary repairs to the building

Community insurance

In buildings with additional services, expenses can be higher, especially if there are sports facilities, private security or large common areas.

Difference between ordinary and extraordinary expenses

One of the most important aspects is distinguishing between ordinary and extraordinary expenses.

Ordinary expenses are those related to the usual maintenance of the property. For example, cleaning, the lift or the electricity of the common areas.

In contrast, extraordinary expenses refer to special assessments or major works, such as the renovation of the façade, the replacement of the roof or the installation of a new lift.

This difference is key because it does not always correspond to the same person to pay them.

In a rental flat, who pays the community fees according to the law

The Urban Leases Law regulates the distribution of expenses between landlord and tenant. According to this regulation, the landlord is the one who must assume the general expenses related to the home, unless there is a specific agreement in the contract.

For this reason, reviewing the lease clauses is essential before signing.

What the Urban Leases Law says

The LAU establishes that general expenses for the proper upkeep of the property, its services, taxes and charges can be passed on to the tenant only if this is expressly agreed in writing.

This means that the landlord cannot demand payment of the community fees from the lessee if it is not clearly reflected in the rental contract.

In addition, the annual amount of these expenses must be determined at the time of signing.

When the landlord pays the community fees

As a general rule, the landlord pays the residents' association fees. This happens especially when the contract does not mention anything about this expense.

The landlord is also responsible for assuming payments related to:

Extraordinary special assessments

Structural works

Improvements to the building

Major repairs to common elements

In short, the landlord is the one who retains the main obligation towards the residents' association.

When the tenant can pay the community fees

The tenant can assume the community fees when there is an explicit agreement in the rental contract.

In these cases, it is common for the landlord to pass on to the lessee the ordinary expenses associated with the regular use of the common facilities.

However, for it to be valid, the contract must clearly specify:

Which expenses the tenant pays

The approximate annual amount

How the payment will be made

If it is not detailed correctly, claims or subsequent legal problems may arise.

Who pays the residents' association fees in a rental

Although the law sets out some general foundations, each contract can establish different conditions regarding the distribution of community fees.

That is why, before renting a home, it is advisable to analyse in detail all the clauses related to additional payments.

What must appear in the rental contract

If the landlord wants the tenant to pay the community fees, this obligation must appear expressly in the contract.

It is not enough to mention it in a generic way. It is advisable that it includes:

The exact concept of the expense

The annual or monthly amount

The system for updating the amount

The services included

The more detailed the contract, the lower the risk of conflicts in the future.

How community fees are distributed

In practice, the distribution is usually done as follows:

The tenant assumes ordinary expenses linked to the daily use of the property.

The landlord takes charge of extraordinary expenses and special assessments.

For example, the lessee could pay for the maintenance of the lift or the cleaning of the building, while the landlord would assume a façade renovation or structural work.

Everything will depend on the agreement reached between the two parties.

What happens with special assessments and works in the building

Extraordinary special assessments usually raise many doubts in rentals.

In most cases, it is up to the landlord to pay this type of expense because it affects the structural or patrimonial value of the property.

Some common examples are:

Installation of a lift

Complete refurbishment of the entrance hall

Energy renovation

Repair of roofs or façades

Even if the contract states that the tenant pays the community fees, that does not automatically mean they must assume the extraordinary special assessments.

Who pays the community fees in a commercial premises rental

In rentals of commercial premises, the situation is usually different from that of homes.

The regulations offer greater freedom to agree on the economic conditions between landlord and lessee, so it is common for many expenses to fall on the tenant.

Differences between renting a home and renting premises

Housing contracts are more protected by the LAU, especially when they are intended as a habitual residence.

However, in commercial premises there is greater contractual flexibility. For this reason, it is frequent for the tenant to assume:

Community fees

IBI

Municipal taxes

Maintenance of common areas

Everything will depend on what is agreed between the parties.

What is usually established in premises contracts

In a commercial premises rental, the landlord usually transfers more costs to the lessee.

It is common to find clauses where the tenant pays:

Owners' association fees

Maintenance services

Private security

Cleaning of commercial areas

Taxes related to the activity

For this reason, reading the contract carefully is even more important in this type of lease.

Most common expenses in commercial premises

Premises located in shopping centres or business buildings usually have high community expenses due to the services included.

Some of the most frequent are:

Surveillance and security

Centralised air conditioning

Cleaning of common areas

Car parks

Advertising of the premises

Technical maintenance

These expenses can considerably influence the profitability of the business.

How to avoid problems with community fees in a rental

Conflicts related to the community usually occur due to a lack of information or unclear clauses in the contract.

To avoid problems, it is advisable to take several aspects into account before signing the rental:

Check before signing who assumes the community fees.

Check whether there are pending special assessments in the community.

Verify which expenses are reflected in the contract.

Avoid ambiguous clauses related to the payment of the community fees.

A good review of the contract can prevent future disputes and claims between landlord and tenant.

Frequently asked questions about who pays the community fees in a rental