Short answer. The landlord, in case of doubt. Article 1686 provides that in default of a special stipulation the custom of the place governs the kind of repairs on urban property for which the lessor is liable, and that in case of doubt it is understood the repairs are chargeable against him.

What the law says

In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. In case of doubt it is understood that the repairs are chargeable against him.

Civil Code, Article 1686 — Repairs on Urban Property. Read the full provision →

A rule that decides the close cases

Article 1686 provides that In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. In case of doubt it is understood that the repairs are chargeable against him. The second sentence is a tie-breaker, and it points one way. Where the lease is silent and local practice does not clearly answer the question, the cost falls on the owner. A landlord who wants a different allocation has to write it into the contract, because the default is not neutral.

The duty the default rests on

Article 1686 sits on top of Article 1654, which obliges the lessor to deliver the property in a condition fit for the use intended, to make on it during the lease all the necessary repairs to keep it suitable for that use unless there is a stipulation to the contrary, and to maintain the lessee in the peaceful and adequate enjoyment of the lease for its entire duration. So repairs that go to whether the property can still be used for what it was let for are the landlord's starting responsibility, and Article 1686 mainly sorts out the kinds of repair that duty does not obviously reach.

What custom of the place actually means

It is the settled practice for the type of property in that locality, and it is a question of evidence rather than of assumption. In residential lettings the tenant is generally left with consumables and small upkeep, replacing bulbs, unclogging a drain he blocked, while structural, roofing, plumbing and electrical work stays with the owner. Commercial leases in the same city may follow a different pattern. Where each side asserts a different custom and neither can show it, the doubt clause resolves the point against the lessor, which is why these disputes rarely turn on custom for long.

If he will not do the work

Report the defect in writing first. Article 1663 obliges the lessee to advise the owner urgently of the need for repairs, and then allows the lessee, in order to avoid an imminent danger, to order urgent repairs at the lessor's cost where the lessor fails to make them. Article 1658 permits suspension of rent where the lessor fails to make the necessary repairs or to maintain peaceful and adequate enjoyment. Article 1662 reduces the rent in proportion where repairs last more than forty days. Keep the requests, the quotations and the receipts.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.