Conservation measures (maintenance and repair)
My landlord wants to carry out repair measures. Is there a difference to maintenance?
Maintenance and repair are measures that serve to preserve the dwelling or building. The law thereHome Maintenance fore speaks of conservation measures. A maintenance measure is understood to mean measures that eliminate existing damage (repair) and prevent possible preventive measures (maintenance). The distinction between the two terms is fluid. You must tolerate both. The landlord must announce conservation measures. Only if these are associated with only insignificant effects for you, the obligation to announce does not apply. The costs for maintenance measures must be borne by the landlord. However, it is possible to impose costs for maintenance measures on tenants by means of a rental agreement. Rental agreements often stipulate that tenants have to bear the costs of minor repairs.
What are small repairs and do I have to cover the costs in full?The term comes from the cost tenancy law (applies to price-controlled, publicly subsidised apartments, but in this case is also applied to price-free apartments) and is defined in § 28 paragraph 3 of the Second Calculation Ordinance. After that, minor repairs only include repairing minor damage.In order to be effective, clauses on … Read the rest
