The issue of moisture in a rented house frequently raises questions about who should pay for repairs. According to Article 1074 of the Civil Code, the general rule indicates that the landlord is responsible for carrying out conservation works, ordinary or extraordinary, necessary for the purpose of the contract, unless there is a valid stipulation to the contrary. The Legal Regime for Works in Leased Buildings reinforces this duty to maintain the property's state of conservation.
When moisture results from leaks, degraded pipes, or other deficiencies requiring conservation works, responsibility generally falls on the landlord. However, when the origin lies in common areas, it is necessary to distinguish the owner's obligations from the condominium's responsibilities. A ruling by the Lisbon Court of Appeal, dated 26 September 2024, acquitted landlords of repair requests because the damages resulted from deficiencies in the common areas attributable to the condominium. Conversely, a ruling by the Coimbra Court of Appeal of 13 May 2025 considered that the property owner had to ensure interventions inside the dwelling to restore habitable conditions.
The tenant is only required to pay when moisture results from imprudent use or deterioration that goes beyond normal wear and tear. The existence of condensation or mould does not, on its own, prove improper use. The tenant must notify the landlord immediately upon detecting defects, preferably in writing, and keep photographs and messages as evidence. They must also allow inspection and urgent repairs. Article 1036 of the Civil Code allows the tenant to carry out urgent repairs with the right to reimbursement when the landlord is in default or urgency does not allow waiting.
Article 1040 of the Civil Code provides for a proportional reduction in rent when the tenant suffers a deprivation or reduction in the use of the house for a reason that does not concern them or their family. In the Coimbra case of May 2025, the court considered rent reductions justified due to leaks and moisture that limited the use of the dwelling for approximately 16 months of the initial two-year term. In cases of disagreement, it is prudent to seek legal advice before altering payments.
