Cooperatives: More duties for landlords and tenants of shops

The core of the housing community amendment is the redesign of the preservation regulations in the cooperative area.

The non -profit construction association (GBV) As a landlord, the following things must now receive, repair and, if necessary, renew the following state during the duration of the tenancy: - The object, - whose equipment, - the contractually determined institutions and - the co -rented furnishings.

This novella applies to all existing usage contracts.This does not apply to the preservation for co -leased furnishings.This obligation of the landlord only applies to newly concluded contracts from 2016.Attention: The increased duties of the landlord only enjoy apartment tenants, but not tenants of business premises.

Housing tenants have limited duties for preservation

The amendment also describes what tenants of cooperative apartments are responsible for: Tenants are responsible for the ongoing preservation and maintenance of the lighting in the future, must carry out minor repairs, maintain painting and wallpaper, but are not responsible for reworking according to water pipe broken.That is the task of the construction association.What the tenant's preservation obligations mean in concrete terms is listed in the explanatory remarks of the legislator: exchange of defective shower and washing machine tubes;Cleaning and exchanging calcified fittings or leaks to toilet rinses.The replacement of a broken light switch, the replacement of the filter of living space ventilation or the repair of a seal on the inner window wing of wooden box windows is the responsibility of the tenant.

However, tenants are not responsible for the renewal of elastic joints (silicone joints) or smaller-road repair work on electricity, water and gas lines as well as at heating thermal baths that require certain specialist knowledge.

Tenants of business premises are now worse - but much of a matter of negotiation

On the other hand, the legal situation of tenants of business premises in the cooperative area has deteriorated: since the beginning of 2016, the preservation of heat preparation devices such as heating or thermal baths has not fallen into the obligation to maintain the cooperative.In this regard, this can make contractual regulations on the preservation, renewal or exchange of the heating with the tenant.

Conclusion of the D.A.S.Legal Protection AG: It is still unregulated and unclear who has to pay for the preservation of heating and thermal baths in business premises if nothing has been contractually agreed and the tenant is not legally responsible for the preservation in accordance with Section 8 MRG.Even with apartment tenants, it could be questionable when it comes to a bagatell repair that the tenant has to carry out.In these cases, the courts will probably have to deal with the interpretation of these new, sometimes unclear legal determination."

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