Tenancy law: Landlord and damage to common areas


Questioner

Can a landlord of an apartment complex pass on the damage to the common area to the tenants? This in the form of withholding the service costs from the end-of-year settlement of all tenants of the complex? This concerns a damaged wall/door and a pole outside the parking lot. No one has any idea who did it (it could just as easily have been a guest or a pizza delivery person) and whether or not it was vandalism. If it should not be legally possible, I would like to know on what grounds (which articles of law, etc.). Thank you in advance.

Lawyer

No, in principle, the deposit is not intended for that. However, it may be that these costs also include upholstery and furniture. Then it is subject to settlement if damage is found. But not all damage can be passed on to tenants; normal signs of use and wear and tear are not! In addition, it must be proven that the damage was caused by the tenant or someone for whom he is responsible. If there is no inventory of the property, the damage is presumed to have been present even before the start of the lease. But you have more or less agreed that the damage has occurred, so the discussion still concerns the question of whether these are not normal signs of use, and if so, can they be offset?

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