Who pays for a broken thermal bath? The tenant or the landlord?
– 10 answered questions on the subject of repair, maintenance and servicing in the case of defective boilers, hot water boilers, etc.
Contents:
- Who pays for a broken thermal bath? Tenant or landlord?
- What types of housing does this rule apply to?
- In addition to heating, what is considered a heat preparation device?
- What is not considered a heat preparation device?
- What about air conditioners?
- Who pays for the repair of a heat preparation device?
- What happens if the thermal bath can no longer be repaired?
- Who is responsible for maintenance?
- What happens if the tenant does not maintain the heating appliance regularly?
- What happens if the landlord refuses to repair a defective thermal bath or – if it is irreparably damaged – to replace it?
- Who pays for a broken thermal bath? Tenant or landlord?
Since 2015, the landlord has been bearing the costs for the maintenance and renewal of heat generation devices that have been rented out, such as heating boilers. Maintenance is the responsibility of the tenant.
- What types of housing does this rule apply to?
The regulation applies to apartments in the full and partial area of application of the Tenancy Law and the Charitable Housing Act. Since the distinction is often difficult, we will be happy to advise you on this matter at any time in a free initial consultation on +43 1 42 000 40 or hertzberg@legal-team.at.
- In addition to heating, what is considered a heat preparation device?
Heat generation devices that are available in the rental property and are also rented out that generate room heating or hot water, such as
- Heating boilers,
- Radiant heater,
- Hot water boiler,
- Water heater etc.
- What is not considered a heat preparation device?
Are not included
- Water heater,
- Sauna stoves, ovens,
- Etc.
although these also generate heat or hot water.
- What about air conditioners?
It is a matter of dispute whether air conditioning units that not only cool but also heat are considered heat generation devices.
- Who pays for the repair of a heating appliance?
The landlord bears the costs for the maintenance and thus the repair of heat preparation devices that have been rented out.
- What happens if the thermal bath can no longer be repaired?
If the heat preparation device is irreparably defective, the landlord’s obligation to maintain it also includes the obligation to renew the device. If the thermal bath can no longer be repaired, the landlord would have to replace it with a new one.
- Who is responsible for maintenance?
The tenant is responsible for maintenance. Maintenance serves to extend the service life of the device and includes, in particular, care, service, checking for functionality at regular intervals, etc.
Attention : If repairs are carried out in the course of regular maintenance and are also billed separately, these – even if they are minor – do not count as maintenance, but as maintenance and would have to be paid for by the landlord accordingly.
- What happens if the tenant does not maintain the heating appliance regularly?
If the tenant does not meet his maintenance obligation, the tenant may be held liable for any damage caused as a result. However, since the landlord’s maintenance obligation also applies if a heat preparation device is defective because the tenant has not complied with his maintenance obligation, the landlord must first repair it or – in the event of irreparable damage – replace it. If the landlord can prove that the damage has occurred as a result of this lack of maintenance, he can assert a corresponding claim for damages against the tenant.
- What happens if the landlord refuses to repair a defective thermal bath or – if it is irreparably damaged – to replace it?
If no agreement can be reached between the tenant and the landlord, you can only go to the district court or the upstream arbitration board, depending on whether you are in the full or partial area of application of the tenancy law. In many cases, however, such a matter can also be settled out of court quickly and inexpensively. We will of course be happy to advise you on +43 1 42 000 40 or hertzberg@legal-team.at.
All information on this website is for initial information only and cannot be used as a substitute for legal or other advice. We therefore assume no liability for any compensation.
