What obligations do I have as a landlord?

3 min.

This article was published on January 25, 2020 and may contain outdated information.
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If you are renting out your property, it is important that you are aware that, unlike when selling, you do not relinquish your obligations when you sign the contract. On the contrary, this is where many obligations begin. But what are they?

One of your most important duties as a landlord is to maintain the property. If you are not on site yourself to take care of wear and tear or defective technology, it is advisable to hire a janitor to do this. You can also stipulate in the contract that your tenant must take care of minor cosmetic repairs themselves. However, this only applies to fixtures and fittings, such as door and window handles, light switches or door frames, and only if they are not typical signs of wear and tear. Damage to wiring and pipes and damage due to construction defects, on the other hand, is always the landlord's responsibility. You are also responsible for ensuring that the radiators in your property are working. If they break down, you will have to arrange for a replacement or repair.

You must also provide your tenant with garbage cans and provide a gritting service in the event of slippery roads in winter. However, you can also contractually outsource this obligation to the tenant. However, you are obliged to check whether they actually comply with this obligation.

Costs such as waste disposal or a gritting service are included in the ancillary costs. Landlords usually take a monthly lump sum as an advance payment for these. Once a year, you must reconcile the payments made here with the actual costs incurred and present your tenant with a detailed service charge statement. Depending on whether the costs are higher or lower than the payments made, the tenant will receive a refund or will have to make an additional payment. You must prepare the statement no later than 12 months after the end of the billing period.

When your tenant moves in, you are also obliged to provide them with a landlord's confirmation of residence. Tenants have needed this certificate since 01.11.2015 when registering their place of residence. The tenancy agreement alone is no longer sufficient. The tenant must use it to prove that they have actually moved into the apartment. The confirmation must include your name and address, the tenant's move-in date and their name and home address. You can often find forms for this on the Internet. You must issue the certificate no later than two weeks after your tenant moves in. If you fail to do so, you will be fined.

Before you decide to rent out your apartment, it is important that you take a close look at your obligations as a landlord and, if necessary, get help from a professional so that you are not overwhelmed with the tasks afterwards.

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