Renting an flat carries a number of challenges, 1 of the most common of which is damaged equipment. The work for repairing this equipment may lead to disputes between the tenant and the tenant. In this article, based on experience in the area of rental law, I will effort to explain who bears the costs of repairing broken equipment in the rented flat so that both parties can better realize their rights and obligations.
When is the tenant responsible?
In accordance with the general principles of rental law, the tenant is required to supply the tenant with an flat in a condition that allows his average use. This means that all equipment and equipment supplied by the tenant should be full functional at the beginning of the lease. Therefore, if the broken equipment was damaged already at the time of the transfer of the apartment, the landlord should bear the costs of repair or replacement according to the principle.
Obligations of the tenant The tenant is obliged to take due care of the rented premises and to usage equipment as intended. If harm to the equipment is due to malfunctioning or deficiency of adequate maintenance by the tenant, the repair costs should be borne by him.
Specificity of individual devices
A malfunction of household appliances (e.g. fridge, washing machine) or RTV (e.g. TV) frequently raises doubts about the work for repair. It is crucial to find whether the responsibility is due to the natural usage of the device or to misuse. This frequently requires method cognition and so it is recommended to usage independent experts to identify the origin of the accident. The broken equipment, like heating systems or water installations, is fundamentally related to the usage of the apartment, which means that the first work lies with the tenant. However, if the harm is due to misuse (e.g. freezing the installation due to insufficient temperature in the apartment), the tenant may be charged costs.
Legal aspects of the lease agreement
The lease agreement may include clauses specifying the rules on repair and maintenance. It is crucial that, before the contract is signed, you carefully read the content of the contract and possibly negociate conditions that may seem unfavourable. The function of the donating and receiving protocol The donating and receiving protocol is simply a paper that may be of crucial importance in resolving disputes over the state of the equipment. Accurate recording of the state of the flat and equipment during the key transfer allows avoiding misunderstandings and disputes at the phase of termination of the lease.
How to proceed in case of equipment failure in the rented apartment?
Step 1: Error documentation
The tenant, noticing the defect, should inform the landlord as shortly as possible, preferably in writing (e-mail, letter), thus documenting the problem. It is besides worth taking pictures of damaged equipment as evidence.
Step 2: Determination of responsibility
It is then essential to find who is liable for repair. If the failure results from average wear of equipment, the landlord should cover the repair costs. Where the responsibility is the work of the tenant, he should be liable for removing the failure.
Step 3: Recovery
Once the work has been established, the organization liable for repair should act immediately. It is worth agreeing on how the repair is carried out, e.g. whether the tenant indicates a peculiar specialist or the tenant can choose the service on his own.
Summary
Understanding who pays for repairing broken equipment in a rented flat requires cognition of the rights and obligations of both the tenant and the landlord. A clear lease agreement, appropriate communication and cognition of the law are crucial here. This allows both sides to avoid unnecessary disputes.
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Who is liable for repairing broken equipment in the rented apartment?
