Ask a lawyer on the topic of Tenancy law

Water damage caused by homeowner responsibility

February 8, 2012 | 25,00 EUR | answered by Stefan Steininger

I have the following problem. I am a tenant of an apartment. I have sublet it with the permission of the landlord (subletting permission). Now, a disused water pipe in the building has burst. The water has flooded into my apartment, making it uninhabitable. My tenant (the subtenant) had to move to a hotel, which I initially paid for 2 nights. He now has to find another apartment. I do not have home insurance, and the subtenant does not either. It is undisputed that the water damage falls under the responsibility of the landlord.

Now to my questions:

1.) Who will pay for the damages to my furniture (water damage)??

2.) Who will pay for the damages to the subtenant's soiled clothing and laptop??

3.) Who will pay for the subtenant's hotel stay??

4.) Can I reduce the rent by 100% until the apartment is habitable again (which will take about three months)??

5.) Can loss of earnings also be claimed against the landlord?? (I operate the rentals as a business) Three rents are missing, which the subtenant no longer pays.

Stefan Steininger

Hello,

I am happy to answer your question based on your description as follows:

The homeowners, as landlords, are liable for damages caused by them. Since the fault, according to your description, lies with the owners, they must be held responsible for it.

This includes the points 1-3 and 5 that you mentioned.

If the apartment is uninhabitable, you can reduce the rent to zero for that period.

I hope I was able to help you.

Best regards,

RA Steininger