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The tenant will not pay for the improvement by the specialist company.

May 13, 2014 | 60,00 EUR | answered by Jan Wilking

Rent dispute, round 5:

Dear Sir or Madam, in the context of certain disputes with the landlord, there is a new question: Several weeks ago, we discovered a blockage in our toilet that could not be fixed with the usual methods. We informed the landlord in writing requesting for it to be fixed. The blockage was not caused by incorrect use or negligence. The landlord then came in the evening with one of his other tenants (who is not a plumber!). He unscrewed the toilet bowl and then reattached it - however, not correctly - it has been loose since then, at risk of breaking out of its anchoring.

I gave the landlord a deadline in writing to fix it, as I did not cause the issue and potential consequential damage could occur (breakage of the bowl, etc.). No response. I set another deadline: No response. I informed the landlord that I would hire a plumber (also, the landlord prohibited me from any further "renovation or work" on the property due to the disputes) and followed through with it. The plumber then properly fixed everything. Invoice total: Just under 25 euros.

I informed the landlord that he should pay this bill OR that I would pay it and provide him with proof, and he should reimburse me. If he does not comply, I would deduct the amount from the next rent payment. I set a deadline until May 14, 2014.

As expected, I received a fax from the landlord today (one day before the deadline). He stated that he would not pay the amount, referring to §19, paragraph 4 of the lease agreement: "Minor repairs (regardless of who caused them) up to a sum of 100 euros are always to be borne by the tenant."

Now my question: Is this legal or not in this case? Is someone who is not a professional allowed to "fiddle" with something on behalf of the landlord, and I am not allowed to have the improper work done by a professional after fruitless requests for proper repair, or only at "my own cost"?

Thank you in advance...

Jan Wilking

Dear seeker of advice,

I am happy to answer your inquiry based on the information provided and your commitment as follows:

In principle, the landlord is responsible for all repairs unless they were caused by the tenant's fault, such as improper handling. However, it is permissible within certain limits to contractually shift the costs of minor repairs to the tenant.

Such a clause for minor repairs, however, does not apply if the need for repairs is caused by the landlord or by third parties (e.g. craftsmen commissioned by the landlord) who are not attributable to the tenant's sphere. Because an obligation to bear the costs of damage caused by third parties, for which the tenant is not responsible, unreasonably disadvantages the tenant (see Federal Court of Justice, judgment of April 6, 2005 - XII ZR 158/01).

Therefore, the clause for minor repairs in your rental agreement is likely to be invalid (as it also covers damages caused by third parties or the landlord), or at least it would not be applicable in your case. I would like to mention in this context that the tenant generally does not have to bear the costs of a minor repair unsuccessfully carried out by the landlord.

In your case, your landlord cannot invoke the clause for minor repairs.

I hope this provides you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.

Sincerely,