Failure to comply with craftsman appointments
November 19, 2009 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My long-term tenant had terminated the lease on 31.10.2009. Since extensive renovation work had to be carried out, I started early to contact the appropriate craftsmen and obtain quotes, also in view of my vacation from 19.09.09 to 06.10.09.
Renovation needed: parquet flooring, 1 bathroom, 1 guest toilet, among others. The new tenant selected the sanitary facilities with the representative of the plumbing company on 08.09.09 in a bathroom showroom.
I received the quotes on 11.09.09 and awarded the contracts on 17.09.09 with the explicit addition "Basis of this contract award is the implementation between 02.11.09 and 15.11.09".
The lease with the new tenant started on 15.11.09. Despite three assurances of completion dates, the bathroom and guest toilet are still not finished, so the tenants will move into an apartment without a toilet and shower/bath tomorrow. What can I do?
Dear Seeker of Advice,
Thank you for your inquiry!
Taking into account the information provided by you, I am happy to answer your questions summarily as follows:
Based on your description, the handyman job should stand or fall with the date of 15.11.2009.
Since the handyman was not able to complete the job by this date, you have the right to withdraw from the contract, which you should communicate to the handyman in writing.
If you are still interested in the service, you could also set a deadline of a few days for the completion of the job and threaten to withdraw from the contract if the job is not completed by then.
If you do withdraw, you can claim damages from the handyman according to §§ 280, 281, 325 of the German Civil Code, especially in the form of the difference to a more expensive company you might hire.
I hope that my explanations have been helpful. Feel free to contact me through the follow-up option on this platform or via my email address.
I would like to point out the following: The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information could lead to a completely different legal assessment.
Wishing you a pleasant Thursday evening!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
