Allocate a heating repair to the additional costs

the heater belongs to the basic equipment of a rented apartment. As a landlord, you are bound by the tenancy agreement to ensure that your tenant can use the rented apartment properly.

The heating repair is a landlord's obligation

• If the heating fails and a heating repair is necessary, the contractual use of the apartment is no longer possible, at least in the cold months of the year. You are obliged to repair the heater immediately.
• If you do not do this, the tenant has the right to self-help after setting a deadline and may commission a heating company to repair the heating. Of course, you have to bear the costs.

Additional costs are those in the sense of the calculation ordinance

• The cost of heating repairs is nonexistent extra costs within the meaning of Appendix 3 to Section 27 of II. Calculation Ordinance. A heating repair is rather a measure of the maintenance and repair of the rented apartment. As the landlord, you are solely responsible for this. So you cannot allocate the costs incurred to the ancillary costs and pass them on to the tenant.
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• Additional costs incurred in connection with the heating are specified in the calculation ordinance. These are among other things the costs for the delivery of the fuel, the operation of the heating, costs for the Monitoring, care and maintenance and adjustment of the heating system and its cleaning, but not the costs for the Heating repair.


Correctly calculate the additional costs for the apartment

The additional costs of an apartment should be expressly stated in the rental agreement. With …

• The additional costs, the allocation of which to the tenant is permitted according to the calculation regulation, are those that arise from the operation of the heating system. You are only allowed to pass on such additional costs to the tenants. If the heating fails and needs to be repaired, the heating system cannot be operated, so that the tenant does not have to pay anything for it.