When it comes to eliminating deficiencies in their own rented apartment, tenants shouldn’t do it themselves. Photo: imago stock&people
If there are defects in the apartment, both the tenant and the landlord are responsible. The DMB Mieterverein Stuttgart explains what tenants have to consider in order not to be left with the costs.
Stuttgart – What is the fastest way to get a tenant to fix defects if the landlord does not take action? If there are defects in the apartment, the tenant must inform the landlord immediately. This must restore the contractual condition. If the landlord does not comply with this obligation, the tenant should not simply order the craftsmen himself; because then there is the risk that he will be left with the costs, because he is the client.
Here there is the possibility for the tenant to resort to substitute performance according to § 536 a BGB. In most cases, the following applies: only if the landlord is in default of remedying the defect, the tenant can demand a corresponding advance payment (BGH WuM 2008,476) or place the order himself and demand reimbursement (BGH WuM 2008,147).
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The notification of deficiency alone does not lead to default. In addition, there must be a request to remedy the defect. The tenant does not have to specify a specific date or period. It is sufficient to demand an immediate rectification of defects (BGH WuM 2009,580). Despite everything, it makes sense to set a deadline. The deadline must also be reasonable. Proof of access to the letter is required.
The tenant is only entitled to the necessary costs. If the cause of the defects has not yet been determined or if meaningful measures are not yet possible, there is no entitlement to an advance payment (BGH WuM 2010,348).
