QUESTION: Rights of tenant and landlord: who is responsible for breakdowns and repairs?
The distribution of responsibility for breakdowns, emergencies, and repair work in the rented premises often becomes a stumbling block between the owner and the occupant. To solve this problem regarding the rights of the tenant and landlord, it is useful to calculate the basic scenario and stress scenario in advance, set aside a financial reserve of 10–20 percent of the budget, and clearly distribute areas of responsibility on paper.
According to the general rule of civil legislation, current repairs of the rented property are the responsibility of the tenant, unless otherwise provided by the agreement. Current repairs are understood as minor works necessary to maintain the object in working order: replacing burned-out light bulbs, clearing pipe clogs through the fault of the tenant, minor cosmetic repairs, or replacing broken door handles.
Major repairs, on the other hand, lie on the shoulders of the landlord. This includes replacing worn engineering communications, repairing the roof, replacing plumbing equipment that has failed due to normal wear and tear, or eliminating hidden construction defects. The owner is obliged to maintain the object in a condition suitable for living or business.
To avoid disputes in the event of a breakdown, it is recommended to follow the following steps:
Such a systematic approach helps avoid mutual grievances and financial losses. If the breakdown occurred through the fault of the tenant, it is logical that they should eliminate it. If the equipment broke down due to old age or a factory defect, all repair or replacement costs are borne by the property owner.