Who has to maintain the heating boiler?
Since the beginning of 2015, the maintenance of a heating boiler is the responsibility of the tenant, while the landlord is responsible for repair and replacement.
The next winter is sure to come. At the latest now it is time to deal with the maintenance of the therme. Usually, a maintenance interval of two years is reasonable for new equipment; depending on the age and condition of the equipment, other maintenance intervals may also be reasonable, although one-year intervals are often agreed in the lease – precisely for old equipment.
During the maintenance, the boiler is checked by professionals, cleaned and checked for proper functioning, furthermore, a flue gas measurement is carried out. If necessary, moving parts are also lubricated and porous or defective seals are replaced, although the limit to the landlord’s maintenance obligation is disputed in the case of replacement. “Since 2015, the tenant is responsible for maintenance, so he also has to bear the costs incurred,” knows real estate law specialist Wilhelm Huck of HSP Rechtsanwälte.
Repair: The landlord pays
As a landlord, on the other hand, you come into play when it comes to repairing or replacing the boiler, provided it is part of the apartment’s equipment. Incidentally, this regulation also applies to co-rented individual furnaces, frost monitors, radiant heaters in the bathroom and other “heat-providing devices”, for example the hot water boiler.
However, if the tenant has not had the therme and co. properly maintained or has not had them maintained at all for years, and if the therme breaks down earlier than the normal service life would allow, you may be able to claim back part of the costs incurred.
However, tenants only have to pay the share of those costs that are in proportion to the shortened service life.
Do not delay
Delaying or refusing to repair or replace the therm makes little sense. If the boiler does not supply hot water or does not heat, the tenant is entitled to a rent reduction. And this from the beginning of the impairment of use until its elimination.
This does not apply only if he installed the therme himself or had the damage repaired. In the latter case, he can sue you in court for the costs incurred if you, as the landlord, have not carried out the repair within a reasonable period despite a written request to do so.
If the tenancy is subject to the full scope of application of the Tenancy Act, such as in the case of leasing of apartments in old buildings, the tenant may file an application with the conciliation board in the case of co-rented heating systems or otherwise with the respective district court for repair or replacement of the heating system. If the lease is subject to the partial application of the MRG, the tenant may sue the court for the maintenance work.
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