Fenster Rolladen kaput

8 posts in this topic

HI All,

 

My fenster rollladen rope was teared out. Unfortunately i couldn't repair myself.

Do i need to fix an appointment with handwerker to repair  it ? or Hausmeister helps for that?

Could anyone help if the cost of repair is covered by house owner?

 

Thanks for any inputs

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You can start by asking the Hausmeister what to do. I don't know what kind of relationship he has with your landlord. If he can't help, just tell your landlord. 

 

Meanwhile, look in your rental contract to see what your small repair (Kleinreparaturen) clause says. Be prepared to pay that amount if your landlord insists on it.

 

 

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HI Fraufruit,

 

Thanks for the reply. I have following mentioned in the rental agreement

 

  1. Die Kosten für kleine Instandhaltungen innerhalb der Wohnung trägt der Mieter. Diese kleinen Instandhaltungen umfassen nur das Beheben kleiner Schäden an Teilen innerhalb der Wohnung, die beim Gebrauch dem häufigen Zugriff des Mieters ausgesetzt sind oder sein können, wie zum Beispiel Lichtschalter, Steckdosen, Fenster- und Türverschlüsse.

Meanwhile, if i need to takeover the cost and repair, How can i proceed further?

Do i need to book an appointment with Handwerker? Any idea how much it usually costs?

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I would still try with the Hausmeister and then the owner. If the Rolladen are old, that could be just normal wear and tear. When someone does come out, you can have them inspect any others you might have.

 

I'm a landlord and I wouldn't charge my tenant for this unless it was fairly new which would probably be covered under warranty anyway.

 

You won't know if you don't ask.

 

Sorry, I can't tell you who to call if you want to go it on your own or how much it would cost. If you want to do that, I think you still should inform your landlord before having her/his rolladen repaired. She/he might have someone they would prefer to use.

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the short story is you should join the mieterverein as they can evaluate your current contract and advise you based on the hard facts of the agreement you made, whether it's all legit, etc.

 

things about kleinreparaturen in general:  yes the landlord can theoretically pass these costs onto the tenant, but the cost must be capped per repair as well as per year (your last post does not mention a max price - if it is totally open ended and not capped it is unwirksam).  The cap is usually limited to about 6-8% of the cold rent value.  ie not a lot!

 

second point which seems to be missed all the damned time:  if the cost of the repair exceeds the cap per repair, the landlord is responsible for paying ALL of it.  It's an all or none thing.   There is no legal contingency for the tenant to pay "some share" of the repair.  

 

anyway this is why you should join the mieterverein.  lots of details that they can evaluate quickly as legal *profis*.  

 

as guess what:  I am not a lawyer and this is not legal advice ;)

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6 hours ago, GaneshK said:

Do i need to book an appointment with Handwerker? Any idea how much it usually costs?

 

Do not book any appointment with a Handwerker unless you are quite happy to pay their bill in full, no matter how high it may turn out to be.

 

Under various sections of the German Civil Code BGB and the German Business Code HGB whoever orders a product or service is liable to pay for same under the so-called 'Besteller prinzip'.

 

Before booking an appointment (i.e ordering any Handwerker to attend anywhere other than their place of business) you should always ask them to send a binding estimate (verbindlich Kostenvoranschlag) in writing of the upper limit of the possible repair costs.

 

I agree with the advice all previous posters have given you.

 

Join one of the local Mietervereine and let them review your contract to verify whether the repair clauses are even legally enforcable or not.

 

Tell your landlord about the problem.

 

The Germans call that textile belt which has broken a Rollladengürtel.

 

IME replacing those involves fairly intricate and time-consuming procedures which, excepting the actual cost of the parts, could easily exceed whatever fair annual limit on minor maintenance and repair costs any tenant could be liable for at Handwerker rates plus travel costs plus MwSt.

 

Since a defective Rollade theoretically increases the potential security which may have a detrimental effect on the landlords insurance cover you are obligated to notify your landlord of the defect, but I would not make any personal effort to repair or replace any part of it without the landlords written instructions and agreement to, or acceptance of, the financial liability.

 

2B

 

Usual TT disclaimer: IANAL and only a qualified Rechtsanwalt or Jurist is authorized under German law to provide legal advice.

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I had the same problem with a Rolladengürtel a couple of years ago. Notify the landlord first  - it's an obligation called "Obhutspflicht des Mieters" (duty of care of tenant / duty to report damages) regardless of Klausel "Kleinreparaturen".

 

Because of bad experiences with my landlady I always do this in writing (email is sufficient) and always set a date for her to send a Handwerker (usually 10 days), otherwise I will send for a Handwerker myself and deduct the costs from the next rent. This is exactly what happened. She didn't respond within the time limit I had set, I sent for the Handwerker, the costs were much higher than the Rolladengürtel because of the labour costs involved (time consuming). I reduced the next rent accordingly, which I again notified her of per email, which has to include the comment "unter Vorbehalt" (under reserve). 

 

I have had to do this a few times, a procedure my Mieterverein advised me of due to the ongoing difficult nature of my landlady. 

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Hi All,

Thank you very much for all the inputs. My hausmaster helped me to fix the rollladen.

It was really helpful that  the comments from all gave me direction to fix the window

 

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