Responsibility for heating ventilation
If the radiator does not get really warm, it may be because too much air has accumulated in it. The heating ventilation on a single heating element is relatively easy and can therefore usually be expected of the tenant. However, the general responsibility for the maintenance of the heating system initially lies with the landlord.
Disputes between tenants and landlords are unfortunately frequent. They can also result from the fact that not every party is clear about what obligations they actually meet or what obligations they have from the rental agreement. what responsibilities there are.
The landlord is basically responsible for maintenance
- In principle, the landlord is obliged to keep the rented property in a condition that enables it to be used in accordance with the contract, see p. § 535 para. 1 sentence 2 BGB. After all, a tenant doesn't get much from his beautiful apartment if he has to freeze in winter when the heating system fails completely.
- In principle, the landlord is therefore obliged to maintain and / or maintain a heating system. have it serviced by a specialist. He can pass the costs for this on to the tenants as operating costs, see p. for the costs of a central heating system § 2 No. 4a Operating Costs Ordinance (BetrKV).
- However, a landlord can partially transfer his / her own obligations to the tenant by means of clauses formulated or individually formulated in a rental agreement.
Transfer responsibility for heating ventilation to the tenant
- If the landlord transfers the entire obligation to operate and maintain the heating system to the tenant, this is likely to represent an impermissible disadvantage.
- However, the responsibility for regular heating ventilation on individual radiators may well lie with the tenant, if this has been agreed. Especially when the tenant has been given a corresponding key.
- A tenant should therefore not immediately call a craftsman for simple heating ventilation and then present the bill to his landlord, for example.
- If he didn't even have the opportunity to ventilate himself, he won't have to pay the bill.
According to tenancy law, the garden maintenance costs are part of the apportionable ancillary costs. If she …
A heating vent on a single radiator is relatively easy. Regardless of any explicit regulation in the rental contract a tenant can therefore take action himself.
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