Guide & knowledge: maintenance and repair in the apartment building: Who ordered and who pays?

Repair, maintenance, maintenance - three terms in which tenants and apartment owners ring their ears.Because they sound like arguments.Most of the time it is about the same topic: what is what?And above all who pays?

Repair, maintenance, maintenance - three terms in which tenants and apartment owners ring their ears.Because they sound like arguments.Most of the time it is about the same topic: what is what?And above all who pays?

Repairing and repairing, waiting and maintaining are couples that often occur together in rental contracts and additional cost bills.While the duo wait and repair should prevent, for example, the elevator and electrical lines, for example, means that the duo repairs and repaired, something is defective and is put back in order, explains Beate Heilmann from the Working Group on tenancy law in the German Lawyers' Association.

The main difference: for maintenance, mostly the apartment tenant has to dig into the pocket, for repairs and repairs of the landlords.At least if the repairs add up to more than 400 euros a year and if the tenant did not cause the damage himself.

The foundations for these rules can be found in the Civil Code (BGB) and in the rental contracts.In the opinion of Ulrich Ropertz from the German Tenants' Association (DMB), tenants should first see if they have to discuss with their owner who has to pay for the new tap.The decisive information in the contract is usually in the so -called small repair clause.

There, owners write that their tenants take minor damage like a broken light switch on their own cap.According to Ropertz, this only affects objects that the tenant uses directly and often.Examples are roller shutters, window handles and taps.In contrast, repair work on a line under cleaning does not fall below this rule."The upper limit for individual trivial damage is 100 euros," Ropertz continues to restrict.If a repair only costs one cent, the landlord is on it.

Small repair clause needs maximum limit

In addition, the small repair clause is legally valid if it also contains a maximum limit for all repairs and repairs.This limit may not exceed six percent of the annual rent or a maximum of 400 euros per year.

And there is another condition: "The clause must show that the tenant is only obliged to pay and do not have the order to order the craftsman," explains Ropertz.If only one of the requirements listed is missing, according to the DMB, the complete repair and maintenance clause in the rental agreement is ineffective.This also applies when other numbers are on paper - with the consequence that the landlord also pays for minor damage.

In contrast to the repairs, maintenance and maintenance are foreseen.Together, the duo should ensure that "something remains okay and security is guaranteed," explains Heilmann.Classics are the review of the operational readiness of heating, elevator and alarm system as well as fire protection devices such as smoke detectors and fire extinguishers.

Taking care of it is the responsibility of the landlord.He gets his expenses back from the tenant via the additional cost statement."For example, the elevator expectation is one of the operating costs that can be passed on to the tenant because the maintenance is included in the Operating Cost Ordinance," explains the lawyer.

Problems arise when maintenance and repair are mixed together.Does the broken heating button, which was discovered and exchanged during maintenance, fall under maintenance or under repair?Both as well, says the DMB.He advises tenants to see how the position in the craftsman's bill is set.Maintenance and exchange of the button should be listed separately.The maintenance costs may later be in the landlord's additional cost accounting, but the installation costs for the new button are not.

Full maintenance contracts are difficult after the DMB experience.You can already include repairs without showing them separately."In this case, the tenant can request the deduction of maintenance costs," says Ropertz.About 35 to 40 percent could be calculated out. Führt ein Hausmeister Reparaturen aus, gehören diese Ausgaben ebenfalls nicht in die Nebenkostenabrechnung, wie der Eigentümerverband Haus & Grund erläutert.

Rules for apartment owners' communities

The paths often have their own rules for repair, maintenance and distribution of the costs.Most of the time, "the owner for repair in special property and the way for what is defined in the declaration of division as a community property," explains Beate Heilmann from the German Lawyers' Association.This usually includes the facade and roof, walls and stairs as well as main lines.

If the roller gate of the underground car park has to be put in order, depending on the declaration of division and resolutions, it is possible to pass on the expenses solely to the users instead of all owners."In deviation from the law and declaration of division, you can divide the costs according to the cause or consumer."Then the owner would be fine, who lives on the ground floor and never uses the elevator.Expenditures for his maintenance shoulder only the residents on upper floors.