Broken heater? So it gets warm again | kurier.at

The colder it gets outside, the more cozy it is in a warm apartment. But it is unpleasant when the heating fails in winter and it stays cold inside the house. What should tenants do in such a case? IMMO shows how quickly – and if possible without disputes with the landlord – the apartment can be warmed up again.

If a central heating system supplies the apartment with heat, the landlord is responsible for maintaining this system. The central heating system, like the elevator and laundry room, is part of the communal system of the house. The same applies to thermal baths and boilers: Since 2015, landlords of apartments (with the exception of detached and semi-detached houses) have been obliged to pay for repairs or the replacement of the thermal bath – provided that the device was already available when the apartment was rented. "However, maintenance of the thermal baths is still the responsibility of the tenant," says Elke Hanel-Torsch from the Austrian tenants' association.

This means that the tenant is obliged to maintain the spa regularly. The manufacturers give instructions on how often this has to be done. Older devices should tend to be serviced more frequently. The maintenance logs should be kept well, because: "If the tenant cannot prove that the thermal bath has been regularly maintained, the landlord can take recourse in the event of a defect in the tenant and assert claims," ​​says Hanel-Torsch.

If the heating suddenly stops working, the landlord must be informed immediately - preferably in writing. The tenant should describe the situation in the letter and ask for an inspection and repair of the damage within a few days. Legally, there are no fixed deadlines as to how long the landlord can take to carry out the repairs. It often takes time before the exact cause of the damage is determined and spare parts are procured.

If the owner does not take action, tenants can appeal to the arbitration board in Vienna or to the district court as part of a so-called non-contentious procedure.

Especially when the tenants are under pressure, for example because it is very cold in the apartment or the landlord cannot be reached, the residents can also hire an installer themselves. In general, tenants are entitled to be reimbursed for the necessary expenses.

However, this route can lead to disputes about the amount of the costs. In the worst case, the discussion ends up in court. "It is therefore advisable to contact the landlord beforehand and give him the opportunity to repair the damage," says Christian Boschek, tenancy law expert at the Chamber of Labour, "in addition, landlords often know plumbers who want to hire them."

The tenant is generally entitled to a rent reduction as compensation, for the duration and to the extent of the impairment of use of the apartment due to the defective heating. However, under no circumstances should tenants simply transfer less money. Because: Any non-payment of a rent requirement can lead to a lawsuit. Caution is also required when the rent is transferred as normal. This could be interpreted by the landlord as a waiver of a rent reduction. AK expert Christian Boschek therefore recommends: "The landlord should be informed in writing that the rent will only be paid with reservations."

The entitlement to a rent reduction must be proven by the tenant. Experts therefore advise documenting all steps and precisely logging the impairment of use of the heating system and, if necessary, taking photos of the defective heating system. The indoor temperatures of the apartment should also be measured and noted.

An example from case law provides an orientation as to how high the rent reduction can be: If the temperature in rooms in January and February cannot be heated above 18 degrees, ten to twelve percent less rent costs have to be paid.

If the water stays cold, the rent reduction will be correspondingly higher.