Thanks to the situation on the real estate market, more and more people are opting for rental housing. In addition to the rent and utilities, however, a rented apartment or house also has to be prepared for certain maintenance costs. Lawyer Pavel Strnad of Polverini Strnad points out that the costs of routine maintenance and minor repairs are not covered by the owner of the apartment at all – unless otherwise agreed. Repairing plaster, replacing a switch, socket or sink trap is thus the responsibility of the tenant. However, the law sets financial limits.
“People often have the idea that when they move into a rental property, they don’t have to spend a penny on the maintenance of the property itself, and just call the landlord to repair, fix or arrange for the functional use of the rented space. There are many costs that do not go to the landlord at all, but to the tenant. The key is to determine whether the item in question falls under the concept of routine maintenance or minor repairs – in such a case, this must be dealt with by the tenant himself, unless the parties agree otherwise in the contract,” says attorney Pavel Strnad of Polverini Strnad.
Ordinary maintenance is the upkeep and cleaning of the apartment and its furnishings that is usual in normal use. It includes, for example, painting, plaster repair, wallpapering, cleaning of floors, tiles and clogged waste. In general, it is the cost of keeping the apartment’s equipment in working order, so routine maintenance also includes regular inspections and cleaning of all sanitary appliances, cooker hoods, kitchen stoves, ovens, as well as, for example, checking the functionality of smoke alarms, including replacing the source. “Routine maintenance, which should be dealt with and paid for by the tenant, also includes cleaning of flues and servicing and checking of the boiler and other equipment. However, for these things, I recommend that the landlord should do this as well as the inspections, as it is essential to protect the health of people and property and may also affect insurance claims,” says solicitor Pavel Strnad of Polverini Strnad LLP.
“Minor repairs are a completely different category. These are defined both in terms of subject matter and financial limit. Beyond the list explicitly stated in the government regulation, these are all other repairs whose cost does not exceed CZK 1,000. However, this does not include transport and other costs associated with the repair – these are always borne by the tenant. Above this financial limit, the repair is the property owner’s responsibility. And if the sum of the costs of minor repairs in one calendar year exceeds CZK 100 per m2 of floor space, the property owner must also pay for further repairs in that year,” explains attorney Pavel Strnad of the Polverini Strnad Law Firm. These amounts have not been increased since 2015.
The category of minor repairs, which are explicitly mentioned in the government regulation and therefore not subject to the CZK 1,000 limit, includes, for example, minor repairs to floor coverings and replacement of thresholds and sills, parts of doors and windows and their fittings and handles, as well as replacement of locks, roller shutters and blinds on windows. Minor repairs also include replacing switches, sockets, circuit breakers, doorbells, air conditioning repairs, repairs to energy meters, stoves, boilers, thermostats or fire and smoke alarms, as well as, for example, cookers and ovens and many other things in the bathroom or kitchen. The limit also does not apply to damage caused by the tenant or persons the tenant has allowed into the rented space.
“This amount cannot generally be increased to the detriment of the tenant under the law. However, it is questionable whether the harassing, even bullying, legislation, where the tenant has to become the ‘maintenance man’ of the flat and provide all the above repairs, is in favour of the tenant. Some tenants would certainly be more comfortable if the landlord would quickly and efficiently arrange the repairs instead, even if at a higher price than the regulation states,” adds attorney Pavel Strnad of the Polverini Strnad Law Firm.
