Can I as a tenant carry out repairs independently and reclaim the costs from the landlord?
December 16, 2023 | 40,00 EUR | answered by Oliver Hentschel
Dear attorney specializing in rental law,
My name is Felix Fischbacher and I have a question regarding repairs in my rental apartment. There are several defects in my apartment that need urgent attention, such as a leaking faucet in the kitchen and a faulty radiator in the living room. I have informed my landlord multiple times about these issues, but the repairs have not been carried out yet.
Since I do not want to wait any longer for a response from my landlord, I am wondering if I, as a tenant, can arrange for repairs to be done independently and then claim the costs back from the landlord. I am concerned that the defects may worsen and continue to affect my living comfort.
Can you please advise me if I, as a tenant, have the right to arrange repairs in my apartment independently and claim the costs from the landlord? Are there specific requirements that I need to consider? How should I proceed to ensure that my rights as a tenant are upheld and the defects are rectified in a timely manner?
Thank you in advance for your help and support.
Yours sincerely,
Felix Fischbacher
Dear Mr. Fischbacher,
Thank you for your inquiry regarding the repairs in your rental apartment. It is understandable that you are concerned about the defects in your apartment and desire a quick solution. As a tenant, you have the right to a defect-free apartment that is in a contractual state. This means that your landlord is obligated to carry out the necessary repairs.
If your landlord does not carry out the repairs despite repeated notifications, you generally have the option to commission the repairs yourself and reclaim the costs from the landlord. However, it is important to consider some prerequisites. First of all, you should request in writing that your landlord rectify the defects and set a reasonable deadline for the repairs to be carried out. In this letter, you should describe the defects precisely and make it clear that you will commission the repairs yourself if they are not carried out.
If the deadline passes and the landlord still has not carried out the repairs, you can hire a tradesperson to rectify the defects. It is advisable to obtain several cost estimates beforehand to ensure that the costs are reasonable. Keep all receipts and invoices carefully to be able to reclaim the costs from the landlord later.
After the repairs have been completed, you should provide the landlord with the invoices and receipts along with a copy of the letter in which you reported the defects, and request reimbursement of the costs. If the landlord does not reimburse the costs, you have the option to take legal action to enforce your rights.
It is important that you handle this situation calmly and objectively to uphold your rights as a tenant and find a quick solution to the defects in your apartment. If you have any further questions or require legal assistance, I am at your disposal.
Best regards,
Oliver Hentschel, Attorney specializing in tenancy law
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