🧉 Neighbor guide

Where did the rule that tenants don't pay extraordinary fees come from? Can it be changed in the lease?

The rule gets repeated everywhere, but few know where it comes from — and even fewer know the lease can change it.

DIRECT ANSWER

The rule comes from the Código Civil y Comercial (National Civil and Commercial Code): the tenant pays costs arising from the use of the property (the ordinary fees), and the owner pays those burdening the property (the extraordinary ones, which improve or preserve the building). But it's a default rule: if the lease agrees in writing that the tenant takes on the extraordinary fees, the agreement prevails.

The origin, no jargon

When you rent, the law splits costs with a simple criterion:

What's spent on living there → paid by whoever lives there (the tenant).
What's spent on the property itself → paid by the owner.

An extraordinary fee (renovating the elevator, waterproofing the roof terrace) isn't a "living there" expense: it's an investment in the building, which stays with the owner after the tenant leaves. That's why the law assigns it to the owner.

So, can I put in the lease that the tenant pays them?

Yes. The law sets the default split, but the parties can agree otherwise. Conditions for it to stand:

In writing, in the lease (a verbal agreement doesn't count).
Clear and specific: it must expressly state that the tenant takes on the extraordinary fees.

If the lease says nothing, the legal rule applies: the owner pays them, and the tenant can refuse to pay.

Is there any law against agreeing to it?

There's no express prohibition on agreeing to it in the lease. What does exist is the legal floor: without a written clause, the tenant isn't obligated. That's why the wording matters — an ambiguous clause ("the tenant pays all building costs") invites dispute. When in doubt, have a lawyer review it.

Frequently asked questions

I'm a tenant and my lease says I pay the extraordinary fees. Can I complain?

If you signed it that way, the clause stands. For future leases, negotiate that point before signing.

I'm an owner. Is it worth passing them on?

You're entitled to agree to it, but keep in mind it raises the total cost for the tenant and can make your unit less competitive against others for rent.

What about "habitual" expenses even if they're listed as extraordinary?

The law looks at the nature of the expense, not the name the statement gives it: if it's a normal, permanent service, it belongs to the tenant.