Who must pay the garbage fee in a rental if it is not agreed in the contract?

Ask. I have just been notified of the garbage tax collection. I have a rental home. Taking into account that said tax is calculated based on the water consumption of the tenants and that on the date of signing the contract this tax was not payable, could I now demand payment from them? Could you include it in the mandatory annual extension of the contract? Carmen R.

Answer. Article 20.1 of the Urban Leasing Law (LAU) allows the parties to agree that the general expenses necessary for the adequate maintenance of the property, as well as the services, taxes, charges and responsibilities that are not susceptible to individualization, be assumed by the tenant.

For this agreement to be valid, it must be expressly stated in writing in the rental contract. Therefore, if the contract establishes that the garbage fee corresponds to the tenant, it will be the tenant who must pay it. On the other hand, if there is no agreement that allows this concept to be passed on to the tenant, the payment will correspond to the owner.

For a time, doubts arose as to whether, in order to validly pass on this type of expenses, it was necessary for the contract to also indicate its exact annual amount, since article 20.1 of the LAU itself requires this requirement for certain expenses.

This issue has been clarified by the Supreme Court, which considers that, in the case of taxes or fees whose amount is determined by the Administration, it is not essential that the contract includes their exact amount. It is sufficient that there is a written agreement that clearly identifies the concept that the tenant must assume.

In the case we are analyzing, since there is no clause that attributes the payment of the garbage fee to the tenant, it is not appropriate to pass on said expense. Consequently, payment of the fee corresponds to the owner of the home.

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