In this article
The principle
Luxembourg's rules on leases rest on the Civil Code, completed by the law of 21 September 2006 on residential leases and its later reforms.
- The landlord must deliver the home in a good state of repair and keep it fit for the use for which it is let. That covers structural elements, the roof, the facade, heating and hot-water installations, and major repairs caused by age, wear or defects.
- The tenant must use the home carefully and carry out minor, routine repairs linked to everyday use, known as réparations locatives, unless they are caused by age, wear, a defect or force majeure.
Two articles of the Civil Code set the baseline that the lease then refines. Article 1754 lists categories of minor repair generally treated as the tenant's, such as small hearth and chimney repairs, minor repainting at accessible heights, and fixing individual broken tiles, door fittings or locks. Article 1755 then removes from the tenant's side anything caused by age, ordinary wear or force majeure, which stays with the landlord however the lease is worded. The lease can adapt the fine detail, but it cannot shift the landlord's fundamental obligation to provide a home fit to live in, and Luxembourg courts have confirmed that a landlord cannot use a lease clause to pass on repairs caused by normal use of the property.
Typical landlord repairs
In practice, the landlord usually pays for:
- replacing a boiler, a heat pump or a heating system that has failed through age or defect;
- repairs to the roof, the facade, structural walls and floors;
- replacing windows that no longer close or seal because of age;
- major plumbing or electrical faults not caused by the tenant;
- replacing appliances supplied with the home that fail through normal wear, such as an old oven or dishwasher;
- dealing with damp caused by the building, such as infiltration or a failing roof.
Typical tenant repairs
The tenant usually pays for:
- minor maintenance: replacing light bulbs, cleaning drains and siphons, changing shower heads and seals, oiling hinges;
- damage caused by the tenant, their guests or pets: a broken window, a burnt worktop, holes beyond normal use;
- regular servicing that the lease assigns to the tenant, for example the annual maintenance of an individual gas boiler, where this is provided for;
- keeping the home clean and ventilated, which matters for condensation and mould.
Normal wear and tear is not damage. Paint that has faded after five years, or a floor that has aged with ordinary use, is the landlord's responsibility to renew, not the tenant's. Our guide to the état des lieux explains how the entry and exit inventories draw that line.
The grey zone
Some situations are genuinely debatable: an old washing machine that breaks during your first month, a leak whose cause is unclear, a lock that fails. Three questions usually settle them:
- Was it caused by age or wear? If so, the landlord.
- Was it caused by use or misuse? If so, the tenant.
- What does the lease say? A clear clause on appliances or servicing helps.
When in doubt, get a technician's written report on the cause. It turns an argument into a fact.
How to report a problem
- Tell the landlord or the managing agent promptly, in writing. An email with photos is enough. It records the date and describes the problem.
- Explain the urgency. No heating in January or a water leak is urgent; a dripping tap is not.
- Do not commission work yourself and send the bill to the landlord without agreement, except in a real emergency to prevent damage, such as shutting off water and calling a plumber for a burst pipe. In that case, inform the landlord immediately.
- Keep a record of every message and reply.
In an apartment building, problems with common parts, such as the lift, the roof or central heating, are handled by the building manager (syndic) on behalf of the co-owners. Your landlord will pass the report on; you can also tell the caretaker if there is one.
If nothing happens
If the landlord does not respond to a genuine repair need within a reasonable time:
- Send a formal reminder by registered letter, describing the problem, the date of your first report and a reasonable deadline.
- Seek advice. Tenant organisations and consumer associations can explain your options.
- Go to the justice of the peace if necessary. A judge can order repairs and, in some circumstances, a rent reduction for the period the home was not fully usable.
Do not simply stop paying rent. Withholding rent unilaterally exposes you to termination of the lease for non-payment, even if your complaint is justified. Our guide to resolving disputes explains the procedures.
Servicing contracts written into the lease
Many leases for a home with an individual gas or oil boiler assign the annual service contract to the tenant, since it is a recurring, predictable cost linked to daily use, similar to changing a filter or bleeding a radiator. Check whether the lease names a specific contractor or leaves the choice to you, and keep the service certificate, since a landlord can reasonably ask to see it, particularly if a boiler fails and the cause of the failure is in question. A boiler that fails despite proper servicing, through age or a manufacturing fault, remains the landlord's repair; a boiler that fails because servicing was skipped is a different question, and the maintenance record is what settles it.
Repairs and the deposit
Damage the tenant is responsible for can be deducted from the deposit at the end of the lease, on the basis of the comparison between entry and exit inventories. Repairs the landlord is responsible for cannot. This is why recording problems during the tenancy, in writing and with dates, protects you when you leave. See our guide to security deposits.
Our take
Most repair questions are easy once you ask whether the cause is age or use. The difficult ones are usually made difficult by silence: a problem reported late, a repair done without agreement, a landlord who does not answer. Write early, keep a record, and ask for the cause in writing.
In the homes we manage at Aura Properties, tenants have one contact for repairs and a clear answer on who pays before any work begins. See our current listings or Rent with us if you are an owner.
Sources
This article explains the general framework of Luxembourg residential lease law and is not a substitute for legal advice on your individual contract. For official procedures and current forms, consult guichet.lu or your commune.
