Maintenance and repair of rented premises – Obligations of the landlord | German…
Maintenance refers to measures that are necessary to maintain the contractual Home Maintenance condition (= maintenance). Repair is the elimination of a condition contrary to the contract (= repair).
The landlord must leave the rented item to the tenant in a condition suitable for contractual use and maintain it in this condition during the rental period. This main obligation of the landlord is a long-term obligation directed towards the future, which is not exhausted in the transfer of the leased property, but also consists in maintaining the leased object in a usable condition during the entire rental period. The landlord must also fulfil this obligation if the tenant does not live in the apartment himself and is therefore not affected by the defect. In this respect, a rent reduction may also be justified due to the defect, regardless of whether the transfer of the apartment to the third party was permissible.
According to §§ 535, 538 BGB, the costs of maintenance and repair are to be borne by the landlord.
According to the case law of the BGH, his contractual permanent obligation cannot conceptually become statute-barred during the existence of the tenancy, since it arises during this period, as it … Read the rest
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