Who is Responsible for Fixing the Intercom in a Rented Unit?

Who Covers Repair Costs in a Rental Unit?

The allocation of repair expenses in a rented unit involves a crucial differentiation between routine upkeep (minor repairs), the responsibility of the tenant, and major repairs, for which the property owner is accountable. This principle also applies to fixing the intercom system: the owner is liable for its repair as it constitutes a major repair, not falling under the tenant's obligations. An exception would be if the malfunction resulted from mishandling or intentional actions by the tenant.

Expenses Incurred by the Tenant

The tenant is responsible for expenses related to regular maintenance necessary due to daily property usage. These repairs are essential for maintaining the property's optimal condition. The tenant is required to:

• Rectify damage from improper usage: for instance, fixing a damaged household appliance due to incorrect operation or a broken window from careless handling.
• Address minor damages: tasks like replacing a broken door handle or a loose hinge are part of routine maintenance.

Expenses Incurred by the Owner

The property owner is responsible for major repairs, encompassing tasks like replacing electrical or plumbing systems and repairing structural elements. Additionally, the owner bears expenses for:

• Damages from normal wear and tear or aging: these damages occur over time rather than from everyday use.
• Unforeseen damages or accidents: if damage results from an uncontrollable accidental event, the owner is accountable for repairs.
• Deterioration not caused by the tenant: for instance, damages not stemming from the tenant's carelessness (e.g., unintentional fires).

Who Covers Intercom Repairs?

Understanding the distinction between routine and major repairs is crucial in determining who should bear the costs of repairing or replacing the intercom system. If the intercom malfunctions due to technical issues or wear and tear, the owner is responsible for its repair or replacement.

Typically, when dividing expenses between landlord and tenant, fixing or replacing fixed equipment like an intercom or video system is the owner's duty.

Instances Where the Tenant is Responsible for Repairs

However, exceptions exist. The tenant takes charge of repairs if:

• The intercom malfunction is due to misuse or negligence. For example, if damage results from an accidental impact or lack of proper care leading to preventable malfunction.
• The tenant neglected the issue for an extended period, worsening the breakdown. In such cases, the tenant must cover repair costs due to negligence.

Who is Responsible for Intercom Replacement in the Unit?

Another critical aspect is determining who pays for repairing or replacing the intercom system inside the unit: the owner or the tenant? Here, the same distinction between routine and major repairs applies. The responsibility depends on the breakdown type and is distributed as follows:

• Owner's Responsibilities: If the problem relates to an internal component (e.g., handset, button, or screen), the owner covers the repair costs.
• Condominium Expenses: If the malfunction affects a communal part of the system (e.g., entrance button or entire system), the condominium handles the repairs (costs divided among apartment owners).
• Vandalism: If the damage is due to a specific individual (e.g., a tenant), the responsible party pays for the repairs.

Rented Unit Scenario

The same regulations apply in a rented unit: tenants cover minor repairs, while major repairs are the owner's responsibility.

Significance of a Lease Agreement

While these rules are general, it's advisable to review your lease agreement for any specific terms regarding expense sharing. Even if your lease places utility costs on the tenant, the distinction between routine and major repairs remains valid. Clauses assigning all costs to the tenant without adhering to legal guidelines may be deemed unenforceable.