If the thermal baths give up, tenants should inform the landlord. What if they don't respond? We have the answers.
When the temperatures outside drop to zero, you like to be comfortably warm inside. But what if the thermal baths suddenly fail – in the worst case even on the weekend?
The legal situation
For all apartments (with the exception of one and two-family houses) the legal situation is as follows: If the heating boiler was already available when renting, the landlord is obliged to financially take over repairs or replacing a defective boiler. The cost of regular maintenance, on the other hand, must be borne by the tenant. In the event that the thermal bath suddenly gives up, the landlord should first be informed in writing. According to the tenants' association, you can request him to repair the thermal damage promptly. If the landlord does not react promptly and if the tenant cannot use the apartment or can only use it to a limited extent because maintenance work has not been carried out by the landlord, the tenant has the right to a rent reduction.
That advises the tenants' association
Anyone who wants to apply a rent reduction should be able to prove the deficiency. The tenants' association recommends taking photos of the defective thermal baths and recording the room temperature continuously. If the thermal bath is defective, there is an immediate reason to reduce the rent (if you have rented a category A apartment). The landlord must be informed about the broken thermal bath in order to give him the opportunity to prevent the rent reduction. The amount of the reduction should definitely be clarified with an expert, as failure to pay the rent can lead to a lawsuit. Anyone who wants to reduce the rent but do not want to risk a lawsuit informs the landlord in writing that the rent will be paid conditionally.
That's what the expert says
Elke Hanel-Tore
“If the landlord refuses to repair the thermal bath, the tenant can submit an application to the arbitration board,” says Elke Hanel-Tor, chairwoman of the Vienna Tenants' Association. But this often takes too long, especially in winter. “The tenant can therefore have the damage repaired himself and claim or sue for the costs from the landlord,” says the expert. The right to reduce the rent is lost as soon as the thermal bath is working again.
