Maintenance & Repair – Differences explained
Rights and obligatiHome Maintenance ons of the tenant
Sooner or later, repair work and renovation work will be carried out in every apartment – but who has to pay for it? The tenant or the landlord, the apartment owner or the administration? Of fundamental importance for this decision is whether it is maintenance or repair work.
What is the difference between maintenance and repair?
Maintenance is understood to mean the ongoing care and maintenance of already existing objects, i.e. the current condition of the property must be maintained. This includes, for example, minor repair work within the apartment. This work must be carried out by the owner alone. Repair, on the other hand, is understood to mean the initial installation or renewal, for example when the boiler is replaced. Here the costs are distributed to the WEG.
In the case of rental agreements, the maintenance obligations can be freely agreed between tenant and landlord apart from damage affecting general parts of the house. If the tenancy falls within the full scope of the Tenancy Act (MRG), the costs must in any case be borne by the landlord. But also according to §1096 ABGB, the landlord has to keep the … Read the rest
