Tenant Maintenance

Maintenance Responsibilities: Landlord vs. Tenant

In Brazil, the Tenancy Law (Law No. 8.245/1991) regulates the maintenance responsibilities between landlords and tenants. Generally speaking:

Landlord: Responsible for structural and major repairs, such as roof problems, leaks, structural repairs to the building, among others.

Tenant: Responsible for small repairs and everyday maintenance, such as changing light bulbs, fuses, maintenance of doors, windows, and, in some cases, small repairs to equipment and fixtures.

Repairs on Sliding Windows

The replacement of wheels on sliding windows can be considered a small repair. However, if this maintenance is related to natural wear and tear and not to improper use by the tenant, it can be argued that this is the landlord's responsibility.

Cost and Procedure

The quoted prices (R$580, R$500, R$450, R$350) seem excessively high for the replacement of sliding window wheels. Typically, these small components are relatively inexpensive, and the installation is a simple procedure. If the price seems unfair, it may be worthwhile to get a second quote or even discuss the responsibility with the landlord.

Possible Actions

Negotiate with the Landlord: Explain that you consider this a cost of maintenance and natural wear and tear, which should be covered by the landlord.

Seek an Alternative Quote: Look for other professionals to carry out the service and compare prices.

Legal Consultation: If the landlord resists covering the cost, consider consulting a lawyer specialized in real estate law for guidance on the best way to proceed.

In summary, depending on the specific situation and the terms of the lease agreement, you may have a good argument for the landlord to cover this cost, especially if it is normal wear and tear from everyday use.

@alan279

Alan, be aware that there are many options for these types of wheels - cheap and not long lasting, to expensive and hard wearing.

The maresia (salty sea air) in your location may be a big factor to consider.

Just make sure you compare like for like when judging prices...

As a landlord in Brasil I can confirm the opinions above that you, the tenant, are responsible for getting the window rollers fixed. To overly simplify, the inside of a house or apartment must be in the same condition it was in when you rented it when vacated. However, the prices you have been quoted are extremely high. We frequently have to replace those in our own home because of salt in the air from the ocean, and we get many more  done for much less.

@jonesio Can you please elaborate on this?  "To overly simplify, the inside of a house or apartment must be in the same condition it was in when you rented it when vacated."  We will be moving out of a rental house at the end of the year.  Our landlord gives us the impression that we have to also have parts of the outside of the house painted as well as all the wood outside the house stained which is a huge area (deck and walkway to a garage).  We already had the wood stained once, since we moved in.  It took three weeks and was costly.  It always seems a bit unclear to us what we are responsible for.  I'm sure the gringo factor doesn't help.

@Peter Itamaraca

Hi, Peter,

My housekeeper's brother may be able to change out the rollers. The rollers cost R$5 each on MercadoLivre. It doesn't take much time to install them. I'll inquire about roller prices at the nearby construction store tomorrow.

Thanks.

@Droplover

I just had my living room and two walls of a bedroom painted. The Landlady provided the paint and I paid her usual painter R$50.

@Droplover

Yes, I am all too familiar with the gringo factor.  We don't talk much about it here, but in my mind, they try for a double price, double bond/deposit on an apartment.  I did hear someone talk once about unrealistic property prices being on the market for years and that a Brazilian .living in an area where a gringo might come and buy it "h, some gringo will eventually come along and buy it a this (inflated) cost, since we all are multi-millionaires by definition.

Roderick

@jonesio

I believe the home must be in the same state as rented when returned, except the law allows for fair wear and tear? As a landlord of several properties myself, I have found that often if you let a tenant do a repair then the standard may be below what might be acceptable to me. So sometimes it is better to bite the bullet and pay for it to get a better result long term. Plus behaving like a generous landlord pays dividends long term in Brazil - you become the exception, not the rule.

My experience is never think about taking a tenant to court if they might break a contract - it is expensive, takes years, and you will never get what you want, but some compromise. Better to get the property back empty, renovate a little if required and seek a new tenant ASAP.

    @jonesio Can you please elaborate on this?  "To overly simplify, the inside of a house or apartment must be in the same condition it was in when you rented it when vacated."  We will be moving out of a rental house at the end of the year.  Our landlord gives us the impression that we have to also have parts of the outside of the house painted as well as all the wood outside the house stained which is a huge area (deck and walkway to a garage).  We already had the wood stained once, since we moved in.  It took three weeks and was costly.  It always seems a bit unclear to us what we are responsible for.  I'm sure the gringo factor doesn't help.
   

    -@Droplover

It is my understanding that normal wear and tear on the exterior of the house, such as paint and stain deterioration from rain and sun, is the responsibility of the landlord. That is how I have always operated as a landlord, although these days I have only condominium apartments for rent, so that's not an issue with these. Any damage you caused to the outside if a house would be your responsibility. It's always a good idea for both the tenant and landlord to take photos at the beginning of the contract to help resolve disputes about what condition the dwelling was in at the beginning of the tenancy.

    @jonesio
I believe the home must be in the same state as rented when returned, except the law allows for fair wear and tear? As a landlord of several properties myself, I have found that often if you let a tenant do a repair then the standard may be below what might be acceptable to me. So sometimes it is better to bite the bullet and pay for it to get a better result long term. Plus behaving like a generous landlord pays dividends long term in Brazil - you become the exception, not the rule.
My experience is never think about taking a tenant to court if they might break a contract - it is expensive, takes years, and you will never get what you want, but some compromise. Better to get the property back empty, renovate a little if required and seek a new tenant ASAP.
   

    -@Peter Itamaraca

What has worked well for me is to present an estimate of the work by the workers I prefer  (painting etc.) to the tenant and have them agree to pay that amount. That way they get a decent price, I get a job well done, and the tenants are happy to not have to find somebody to do the work. I agree totally about doing everything possible to avoid going to court. It sucks up huge amounts of time and energy. But, for the most part, I've had reasonable tenants.

The rollers on my sliding glass door just broke. I replaced the plastic rollers three years ago.

I've received quotes of R$300 and R$250, not responsible for breakage, no warranty. I'll get another quote.

I watched a twenty minute video on changing the rollers. It's not rocket science.

I checked the glass windows in my apartment and discovered that all had problems sliding smoothly. I got quotes of R$700, R900 and R$1.100 to replace the rollers. I paid R$700 for two men to change the two rollers on the sliding glass door and a dozen rollers on the windows. It took them 40 minutes.