Who is responsible for paying for intercom repairs in a rented apartment

Who handles repair costs in a rented apartment?

Distributing repair expenses in a rental requires distinguishing between routine maintenance (minor fixes), which always fall to the tenant, and major repairs, which are the landlord's responsibility. This rule also applies to fixing the intercom: the owner covers repair costs, as it is not classified as a minor repair, which is the tenant's duty. An exception occurs if the damage results from the tenant's neglect or intentional actions.

Costs covered by the tenant

The tenant is responsible for expenses related to ordinary maintenance from everyday use of the property. These repairs are necessary to maintain the property in good shape. The tenant must:

• Fix damage from improper use: such as a malfunctioning appliance due to incorrect use or a broken window from careless handling.
• Handle minor damages: Tasks like replacing a broken doorknob or tightening a loose hinge fall under routine maintenance.

Costs covered by the owner

The owner takes care of major repairs, which can include replacing electrical or plumbing systems, or fixing structural issues. The owner is also responsible for:

• Damage from regular wear or aging: This includes damage resulting from time rather than normal usage.
• Unforeseen or accidental damage: If something gets damaged by an accidental event beyond the tenant's control, the owner handles the repair.
• Deterioration not caused by the tenant: Such as damage not stemming from the tenant's actions, like a fire not started by them.

Who covers intercom repairs?

Understanding the distinction between routine and major repairs is crucial to determine who should pay for the intercom's repair or replacement. If the intercom fails due to a technical issue or wear and tear, the owner is responsible for covering the repair or replacement.

Typically, in allocating costs between the landlord and tenant, fixing or replacing fixed installations, like an intercom, is the owner's duty.

Situations when the tenant pays for repairs

There are exceptions, however. The tenant covers repair costs if:

• The intercom issue arose from incorrect use or negligence. For example, damage due to accidental impact or improper care leading to preventable issues.
• The tenant ignored the issue for an extended period, worsening the damage. In such cases, repairs are the tenant's responsibility due to their inaction.

Who pays for replacing the intercom in the apartment?

Another significant consideration is whether the owner or tenant pays for repairs or replacement of the intercom installed inside the apartment. Here, the distinction between routine and major repairs applies. The cost distribution depends on the type of issue:

• Owner's responsibility: If the problem involves an internal component (like a handset, button, or display), the repair cost is borne by the owner.
• Condominium expenses: If the problem affects a common part of the system (such as a button at the entrance or the entire system), the condominium covers the repairs (costs are split, affecting the apartment owner).
• Vandalism: If the damage is caused by an individual (e.g., a tenant), that person pays for the repair.

Rental apartment guidelines

In a rental property, the same principles apply: tenants are responsible for minor repairs, while the owner covers major ones.

The Role of a Lease Agreement

These guidelines are general, but it's always wise to check your lease for any specific terms regarding expense distribution. If the lease includes a broad clause assigning utility costs to the tenant, the distinction between routine and major repairs remains valid. Lease terms that make the tenant liable for all expenses without adhering to legal limitations may be deemed unenforceable.