The Urban Leasehold Law (LAU) does not define anything about theft, but it does regulate the responsibilities of the parties with regard to the maintenance of the property. And if there is nothing written in the lease agreement about how to act and who is responsible for damages after a theft, the LAU must be consulted to clarify these questions.
Difference between damage to the property and damage to personal belongings.
It is important to explain the difference between damage caused to the property and the loss of personal belongings.
According to Article 21 of the LAU, the landlord is responsible for carrying out the necessary repairs to keep the property in a habitable condition, unless the damage is due to misuse or negligence on the part of the tenant, as indicated in Articles 1563 and 1564 of the Civil Code.
This means that if items in the property are damaged during a burglary (a broken window or a forced lock, etc.), the owner must take care of the repairs, unless the property rental agreement states otherwise.
On the other hand, when a burglary affects the tenant’s personal belongings (jewellery, electronic devices, cash, etc.), the tenant is responsible.
Landlord’s obligations in the event of a burglary
The landlord is obliged to maintain the property in a habitable condition. If there is a burglary in the property, if the criminals force the door or break a window, the landlord must pay for the repairs. If the landlord has insurance that covers the structure and fixed elements, the insurance company will pay for the repairs. If the landlord does not have such insurance, they will have to cover all the repair costs.
Tenant’s responsibility in the event of theft
The LAU does not oblige the tenant to take out insurance, but it is recommended that they have home insurance that covers the contents of the property, which can compensate them for the loss of personal belongings.
Clauses on theft in the rental contract
The law provides a general basis for responsibilities, but the rental contract may specify other conditions for each of the parties to the contract. What is stated in the contract must be respected, unless it is abusive. Some landlords require tenants to take out home insurance and are responsible for the costs of theft, so it is advisable to review the contract before signing it.
What to do if you are burgled in a rented property
*Call the police and file a report
*Take photographs of the damage
*Notify the landlord
*Contact your insurance company
*Avoid repairing anything before the loss adjuster visits
*What to do if the burglary affects common areas of the community
If the burglary causes damage to common areas of a community—such as the entrance, swimming pools, corridors—the situation is governed by the Horizontal Property Law (LPH).
Article 10 of this law establishes the obligation to carry out works and repairs to maintain the building in safe and habitable conditions. In this case, the community of owners is responsible for covering the costs of repairing the damage. If there is community insurance, this insurance usually covers damage caused by theft; otherwise, the costs will be covered by the community’s common fund.
Is it compulsory for tenants to have home insurance?
No, it is not compulsory, but it is recommended. Having home insurance is highly recommended, as it protects us against theft, fire, broken pipes or any domestic accident.