Repairs during the lease

The division of responsibility for maintenance and repairs between tenants and landlords.

If we live in a property, i.e. we actually use it, it will definitely happen that something breaks from time to time. Depending on what breaks and what the estimated price of the repair is, we then start to figure out who should actually pay for the repair. Lessee or Lessor? The answer to such a question is not entirely simple, but at the same time it is not a very complicated problem. However, in order to make the right decision, which we are able to enforce in front of the lessor/lessee, it is necessary to know the basic rules that determine who should pay for the repair, or in what proportion...

 

The first place to look for a solution to this problem is the contract. It is necessary to determine whether you have a lease agreement or a sublease agreement, as there are fundamental differences. A lease is one that is entered into between a lessee and a property owner. (Regardless of what the contract is called.) and the sublease agreement is concluded between the sublessee and the lessee - and only the lessee, in this case the sublessee's landlord, has concluded a contract with the owner of the property. The reason this needs to be distinguished at the outset is that if you have this issue addressed in the lease contract and there is a statutory provision that is "better" for the lessee, the law applies. If what is in the lease contract is "better", then what is in the lease contract will be used. However, if you have a sublease contract, what is in the sublease contract applies. It may happen that nothing is stated in any of the contracts. For this case and also for the case of the Lease agreement, we will look at how the laws of the Czech Republic deal with the situation.

 

The main regulation that addresses the situation is Government Regulation No. 308/2015 Coll. Government regulation on defining the terms routine maintenance and minor repairs related to the use of the apartment. This regulation introduces the term "Minor Repairs". This term includes both repairs, i.e. when something not working properly/breaks in the apartment, and regular maintenance of the property - i.e. something doesn't have to break right away, it's enough if it wears out. In addition, it also includes maintenance in an operable condition - both factually and legally - i.e. it also includes various revisions of appliances, window adjustments, etc. In general, the lessee is responsible only for damages that he himself has caused - and that in full(!) (If he breaks something intentionally, it makes no sense to talk about how much the owner should pay.) And furthermore, the lessee is obliged to make "minor repairs". The regulation divides repairs into two categories - according to the thing being repaired/maintained and according to the costs of repairs/maintenance. In both cases, it introduces a common limit, saying that minor repairs are no longer those that exceed CZK 100/m2/year. The limit is different for everyone, and you need to know the floor area of the apartment to determine it correctly. It should be noted that this limit is the sum of all minor repairs in a given year.

 

For the sake of simplicity, we present a base case that should cover most situations:

The tenant concluded a lease contract for an apartment with an area of 78 m2. He moved into the apartment and after about half a year found out that one of the radiators was not heating well. So, he turned to the owner and he told him to deal with it himself, that it was non of his concern. So the lessee called the heating engineer and he really solved the problem and issued an invoice for CZK 3,800. The lessee paid it. A month later, it became clear that the windows needed to be adjusted, because they were clearly blowing. The landlord's response was the same, so the lessee arranged for an expert again. This time for CZK 4.600. And paid by the tenant again. And to make matters worse, a month after that, the waste by the sink got clogged. With the same procedure, the lessee now has to pay an invoice for CZK 3,500. Is it really his duty? After all, shouldn't the owner participate in such repairs to his own property? The owner claims not because the lease contract is clear.

 

Solution:

a) Let's look at the rental agreement: We find that in one article it is stated that "The tenant is obliged to provide all minor repairs in the apartment at his own expense. The owner and the tenant agreed that a minor repair is any repair that does not exceed CZK 5,000." - This would mean that the owner is right and the lessee has no choice but to pay for the repair and that's the end of it! Except that's not true at all...

 

b) Let's see how the law views the situation: There is a section in the Civil Code which says: "no consideration shall be given to arrangements that abridge the lessee's rights under the provisions of this subsection." And one such provision is § 2257 paragraph 2: "The lessee shall perform and pay for only routine maintenance and minor repairs related to use of an apartment." And what is meant by minor repairs and routine maintenance is defined precisely by Regulation 308/2015 Coll. and this regulation clearly states the cost limit for one year in the amount of CZK 100/m2! Thus, the provision of the contract reduces the lessee's rights, because it orders him to pay more than according to the law... And according to the law - if something is not considered, then it is necessary to act as if the provision was not in the contract at all!

So according to the law: c) we calculate our limit in accordance with Regulation 308/2015 Coll. and we find out that it is CZK 7,800/year, because the apartment is 78m2.

d) the lessee's total costs for the previous repairs were 3,800 + 4,600, i.e. 8,400 in total. This means that the limit has already been exceeded and therefore another invoice for 3,500 is already to be paid by the owner. And not only that, the owner should contribute another 600,- for previous repairs!

 

In order for the above procedure to work in this way, however, it is necessary to mention the important steps taken by the lessee:

a) had a Lease contract. If he had a sublease contract with the same provision, he would be out of luck and he would have to pay.

b) always warned the lessor in advance of the necessity of repairs! If he did not do so, the owner could get out of paying further invoices by saying that the costs were pointless, that if he had known about them, he could have secured them more cheaply, etc.

 

The above procedure can always be applied. Sometimes, however, a lot of other variables can get involved in the case, and then you need to really get your bearings in the issue. In such cases, it is better to directly ask someone who deals with the issue and can give you an answer taking into account the specifics of your case.