Broken washing machine in a rented flat causing damp: who pays?

A flat’s owner cannot wash their hands of the damage caused by a leak on the grounds that the property is let: Article 9.1 of the Horizontal Property Act (LPH) requires every owner to keep their flat and its installations in good condition so as not to harm the community or other owners, and to compensate for damage caused by their own negligence or that of the people they are responsible for. This is the legal basis when a broken washing machine in a rented flat causes damp and it is unclear who pays.

The situation is a common one: the washing machine breaks down, water seeps into the flat below and damp patches appear on ceilings and walls. It becomes more complicated if the flat is rented and it is the tenant who suffers the breakdown. Who bears the costs depends on the origin of the fault, who is responsible for it and the damage caused. To work that out, you need to look at the LPH, the Urban Leases Act (LAU) and the Civil Code.

Who pays for the washing machine repair: what the LAU says

Article 21 of the LAU establishes that the landlord must carry out the repairs needed to keep the home in habitable condition, unless the deterioration is attributable to the tenant. The minor repairs required by wear and tear from ordinary use fall to the tenant, under Article 21.4.

Not every washing machine fault is the landlord’s responsibility. If the appliance belongs to them and was part of the home’s equipment, a major breakdown caused by its age or normal wear and tear may be down to the landlord. A minor repair arising from everyday use is borne by the tenant. It is also worth checking whether the washing machine belongs to the tenant and whether the contract sets specific conditions on appliances.

For a main residence, a clause obliging the tenant to bear all repairs, whatever their cost, is void. In addition, the landlord cannot raise the rent for carrying out the repairs that fall to them to keep the home habitable.

What the Horizontal Property Act says about the owner

When the leak causes damp in other homes, the LPH comes into play. If the fault originates in a private installation whose upkeep is the owner’s responsibility, the owner must pay. And if it is shown that the tenant acted wrongly and caused the leak, they too can be held liable for the losses.

Article 1563 of the Civil Code adds that the owner of the flat is liable for the deterioration of the home, unless they prove it occurred through no fault of their own. The key is to determine who was responsible for maintaining the appliance or installation and whether the fault was due to wear, age or misuse.

Wear, age and misuse: when each party is liable

One law firm sums up the split like this: if something is structural or necessary to live in the home, or broke because it was old, the owner pays; if it is a minor fault from daily use or of low cost, the tenant pays. The LAU does not set a figure in euros to define a minor repair. Some lower-court case law uses between 100 and 150 euros as a guide, but it is an indicative criterion, not a written rule.

Another criterion is the length of use: if the fault occurs shortly after moving in, the owner should pay, because they handed over something that was already faulty. Useful life also counts: according to that firm, an expensive repair on an appliance that has reached the end of its life (10-12 years) amounts to a disguised replacement and falls to the owner. It cites the case of a 12-year-old washing machine with a burnt-out circuit board and a bill of 220 euros, in which it argued that the owner should pay.

If the fault is due to the tenant’s lack of maintenance, for example not cleaning the filter, or to misuse, the tenant must pay for the repair and the damage caused. If, on the other hand, they acted correctly and the washing machine broke through normal use, all the costs cannot automatically be attributed to them: they bear them in full only if they themselves broke the appliance.

The tenant should not stop paying the rent to put pressure on the landlord, because they could be evicted for non-payment. The advisable course is to keep paying and to demand the repair by burofax.

What neighbours affected by the damp can do

The owners of the affected homes do not have to wait for the landlord and tenant to settle their differences. If leaks, stains or damage to ceilings and walls appear, it is best to act as soon as possible. Five steps are recommended:

The first is to tell the president or the administrator of the building, because the community needs to know about the problem, especially if the leaks may continue. Article 7 of the LPH requires the administrator to be notified without delay of the need for urgent repairs, and Article 10 establishes that work to maintain common elements and services is mandatory.

The second is to document the damage with photos and videos of the damp, keep quotes and save communications about the incident. The third is to request a technical report that identifies the origin of the leak and determines whether it comes from the washing machine, a connection or a communal installation.

The fourth is to notify the insurers: both the community’s insurance and individual policies may step in, depending on the cover and the responsibilities involved. The fifth is to claim for the damage: once the party responsible has been identified, those affected can seek repair of the damage and compensation.