{"id":3589,"date":"2021-06-15T16:38:44","date_gmt":"2021-06-15T14:38:44","guid":{"rendered":"https:\/\/www.legal-team.at\/seoneu\/maintenance-repair-and-maintenance-of-heaters-for-apartment-rentals\/"},"modified":"2022-03-13T12:00:03","modified_gmt":"2022-03-13T11:00:03","slug":"maintenance-repair-and-maintenance-of-heaters-for-apartment-rentals","status":"publish","type":"post","link":"https:\/\/www.legal-team.at\/en\/maintenance-repair-and-maintenance-of-heaters-for-apartment-rentals\/","title":{"rendered":"MAINTENANCE, REPAIR AND MAINTENANCE OF HEATERS FOR APARTMENT RENTALS"},"content":{"rendered":"
Who pays for a broken thermal bath? The tenant or the landlord? <\/strong><\/p>\n – 10 answered questions on the subject of repair, maintenance and servicing in the case of defective boilers,<\/strong> hot water boilers, etc.<\/strong><\/p>\n <\/p>\n Contents:<\/strong><\/p>\n <\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n Heat generation devices that are available in the rental property and are also rented out that generate room heating or hot water, such as<\/p>\n <\/p>\n Are not included<\/p>\n although these also generate heat or hot water.<\/p>\n <\/p>\n It is a matter of dispute whether air conditioning units that not only cool but also heat are considered heat generation devices.<\/p>\n <\/p>\n <\/p>\n The landlord bears the costs for the maintenance and thus the repair of heat preparation devices that have been rented out.<\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n 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.<\/p>\n Attention<\/u> : 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.<\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n 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.<\/strong><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" 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?…<\/p>\n","protected":false},"author":4,"featured_media":3104,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[20],"tags":[],"yoast_head":"\n\n
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