Elevator installation and tenancy law: who pays?
Questioner
In short: The cables of the elevator installations in the office building that we rent need to be replaced. These were installed in 1999 (during construction). The landlord believes that we as tenants should bear the costs. The general provisions date from 2003. They state the following: 13.1 The costs of the maintenance, repair and renewal work on the rented property as set out in 13.3 below shall be borne by the lessor. The costs of other maintenance, repair and renewal work, including the costs of inspections and tests, on the rented property shall be borne by the lessee. 13.3 The landlord shall be responsible for the costs of: c. replacement of parts and renewal of installations belonging to the rented property; The work mentioned under a to d shall be at the expense of the lessor, unless it concerns work that must be regarded as minor repairs, including minor and daily maintenance within the meaning of the law, or work on items that have not been installed in, on or to the rented property by or on behalf of the lessor. 13.4 For the purpose of clarification or in deviation from or in addition to 13.1, the following shall be at the tenant's expense: g. periodic and corrective maintenance, as well as periodic inspections and remote management of the technical installations belonging to the rented property, including the renewal of small parts. If you ask me, replacing the cables falls under renovation work on installations belonging to the rented property. The landlord thinks it falls under corrective maintenance. Who could provide clarification on this?Lawyer
According to the general provisions, minor repairs are at the tenant's expense. Replacing elevator cables does not seem to me to be a minor repair, so these should be at the landlord's expense. Corrective maintenance is also not included. I advise you to inform the landlord in writing that the repair should be at his expense. If he does not agree, he can go to court. If you cannot (yet) reach an agreement, I will be happy to look at your case.Take the next step
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