Who is responsible for replacing thermostatic valves?

RENT RATE

We lease a property, the rent is indexed. In 2020 we paid 2.761 euros per m² per year. From March 2022, the rent will be EUR 18.50 per m². This was decided by the municipal council. Is that legal? Can I see the municipal council decision?

Whether the increase in rent is permissible depends on the contractual agreement and the legal framework. An index adjustment must be contractually agreed. It may be that the special provisions of the Allotment Garden Act apply, whereby it is provided that in the case of individual or sub-lease agreements, a change in the rent is permissible during the term of the agreement if the circumstances relevant to the assessment change significantly. If no agreement is reached on the increase, the non-contentious judge can be appealed to. Council meetings are open to the public and the minutes of the meeting may be inspected.

Maintenance

Who is responsible for replacing thermostatic valves and venting radiators?

When it comes to the question of who is responsible for maintenance, the legislature differentiates between general parts of the property and the condominium. The community of owners is responsible for the maintenance of the general parts of the property and the apartment owner is responsible for the maintenance and servicing of his apartment property, also with regard to the heating and sanitary systems located therein. An exception is serious damage to the house. Without knowing the specifics of your system (and any agreements in the condominium contract), I believe that the respective owner is responsible for replacing the thermostatic valves in your case. I also consider venting the radiators in the apartment as a maintenance action that affects the apartment owner.

Furniture rental

We are renting an apartment in an old building, the rent includes furniture rental for a fridge, washing machine and dishwasher. The spray arm on the dishwasher broke off. Who takes over the damage? Are we entitled to a new device of our choice?

Assuming that your tenancy is subject to the full scope of application of the Tenancy Act, you are not entitled to a new dishwasher in the absence of a contractual agreement to the contrary. You will not even be able to enforce the repair of the dishwasher against your landlord if he has not contractually obliged to do so. In the full area of ​​application of the Tenancy Law, the obligation to maintain does not include the preservation of rented furnishings. If the dishwasher has become defective through no fault of your own, you have the option of claiming a rent reduction with regard to inventory rent. The landlord may only demand a reasonable fee for renting out the inventory. This consists of the amortization rate and a reasonable profit.