Do I have to cover the cost of repairs in the apartment as a tenant?
May 18, 2022 | 40,00 EUR | answered by Ludwig Kuhn
Dear landlord for tenancy law,
I am reaching out to you as a tenant living in an apartment, as there are some repairs that are necessary. In my rental agreement, it is stated that I am responsible for minor repairs as a tenant. However, the current issues are larger damages that, in my opinion, do not fall under minor repairs.
Specifically, there is a water damage in the kitchen caused by leaking pipes. Additionally, the windows are drafty and there is a strong draft in the apartment. These deficiencies are affecting my quality of life and causing additional costs, as I constantly need to heat the apartment to keep it warm.
I am concerned that as a tenant, I may have to bear the costs of the repairs, even though I believe these are defects not caused by my own use. Therefore, I am wondering if the landlord is responsible for the repairs and if they must cover the costs.
What legal options do I have as a tenant in this situation? Do I have to pay for the repairs myself or can I request the landlord to cover the costs? How can I best proceed to protect my rights as a tenant and find a solution for the deficiencies in the apartment?
Thank you in advance for your support and advice.
Best regards,
Irmgard Maier
Dear Mrs. Maier,
Thank you for your inquiry regarding the repairs in your rental apartment. It is understandable that you are concerned and wondering who is responsible for the costs of the repairs. In your situation, it is important to know the legal framework and protect your rights as a tenant.
First and foremost, it is important to clarify that the landlord is generally responsible for the maintenance and repairs of the apartment, unless the damage was caused by the tenant. In your case, there is a water damage in the kitchen and leaky windows, which were obviously not caused by your own use. These defects therefore fall within the responsibility of the landlord.
As a tenant, you are usually responsible for minor repairs such as changing light bulbs or replacing seals, as stated in your lease agreement. However, larger damages such as a water damage or leaky windows do not fall under minor repairs and are therefore the responsibility of the landlord.
To protect your rights as a tenant and find a solution for the defects in your apartment, I recommend informing your landlord in writing about the defects and requesting them to be fixed. Set a reasonable deadline for the repairs and make it clear that you do not want to bear the costs yourself, as these are defects not caused by your own use.
If the landlord does not respond or carry out the repairs, you have various legal options as a tenant to enforce your interests. You could consider a rent reduction or, as a last resort, even consider taking legal action against the landlord.
However, I advise you to first try to have a conversation with your landlord and seek an amicable solution. If you need further assistance or legal advice, I am happy to help you.
I hope that my explanation helps you and wish you success in resolving the defects in your apartment.
Kind regards,
Ludwig Kuhn
Attorney specializing in tenancy law
