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Old 21.08.2012, 20:44
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lease question- tenant responsible for home maintenance costs?

Hi All,

I just got a look at the lease we are supposed to be signing in a few days, and it spells out a few things that I've not run across before. Tenant is responsible for having gutters and chimney cleaned annually, boiler decalked every two years, etc.

The one that really got me was a statement that boiler maintenance wasn't covered in the price of the rent. Am I to understand that if the boiler blows up, that I am responsible for repair or replacement, or are they talking about standard cleaning, rather than repair/replacement.

The relo company looked this over before sending it out and said that it was all pretty standard, but this strikes me as a little odd. I will ask for clarification tomorrow, but in the mean time does anyone here have any ideas?

It's a stand alone house in Canton Geneva, if anyone can shed some light on this I would appreciate it.
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Old 21.08.2012, 20:59
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Re: lease question- tenant responsible for home maintenance costs?

Normally the tenant bears the minor costs and the landlord bears major repairs and costs.

I would suggest you pay a visit ASAP to ASLOCA:

Join them as a member for about CHF100 a year. Might well be worth it.

ASLOCA-GENEVE
Rue du Lac 12
(Eaux-Vives)
Case postale 6150
1211 Genève 6
3e étage

Tél. : 022 716 18 00
Fax : 022 716 18 05
E-Mail: asloca.geneve@asloca.ch

MV ZH:

http://www.mieterverband.ch/zh_mb_mangel.0.html
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Old 22.08.2012, 11:21
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Re: lease question- tenant responsible for home maintenance costs?

Sounds like standard maintenace, and they ask you the pay the price. Perhaps post exact text in french, as maybe something is lost in translation. Am surprised garden maintence is not also added, that is quite common for an individual house. Our neighbors are renting their house, and also require maintence costs for the water softener, man comes around once a year. I would consider those more or less standard add ons for an individual house.

If an individual house with oil heating, it is required by the Canton to have chimney cleaned at least once a year, a professional 'ramoneur' will call to your house. In our area, VD, the oil tank has to be full drained, cleaned, and inspected every 10 years, again required by Canton. Not sure of the requirements in canton GE.

Seems like they are passing on all/most of the maintence costs to you.

I would take it if the boiler is old and dies, the owner would have to replace unless you specifically caused the failure by neglience, etc..

Last edited by runningdeer; 22.08.2012 at 11:47.
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Old 22.08.2012, 11:38
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Re: lease question- tenant responsible for home maintenance costs?

Take the contract to the ASLOCA and ask their advice before you sign!

There is usually a CHF 150 rule: if the boiler cleaning costs more than CHF 150 then the landlord has to pay for all of the charges for that single maintenance or repair.

You have to pay for those repairs costing less than CHF 150

I did some research, if the clause is in your contract, you might have to pay for the service,

Antworten und weitere Hinweise Thema: Mängel und Schäden ⇒ kleiner Unterhalt Frage: Mein Vermieter verlangt, dass ich die Entkalkung des Boilers bezahle. Bin ich dazu verpflichtet? Antwort: Die Entkalkung eines Elektroboilers, der über den Stromzähler der Mieterschaft läuft, ist eine Unterhaltsarbeit. Und dafür hat gemäss Art. 256 OR die Vermieterschaft aufzukommen. Eine Ausnahme gilt gemäss Art. 259 OR für so genannten Kleinunterhalt. Bei einer Boilerentkalkung handelt es sich aber nicht mehr um Kleinunterhalt.

Ausnahmsweise zu Lasten der Mieterschaft ginge die Boilerentkalkung, wenn im Mietvertrag stände, ein Anteil daran werde jährlich mit den Nebenkosten in Rechnung gestellt. In Wirklichkeit kommen solche Vertragsklauseln aber kaum vor.

Wird das warme Wasser zentral in der Heizanlage erzeugt, werden die Kosten dafür meistens als Nebenkosten in Rechnung gestellt. Zulässig ist das, wenn die Warmwasserkosten im Mietvertrag ausdrücklich als Nebenkosten erwähnt sind.

Last edited by Sbrinz; 22.08.2012 at 12:07.
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Old 23.08.2012, 10:26
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Re: lease question- tenant responsible for home maintenance costs?

Yes, I agree with the previous post, it is generally allowable to ask the tenant to pay for maintenance costs up to 1% of annual rent (so depending on the cost of your house could well include the boiler blowing up). Is there a "max" clause in your lease? If not, maybe try inserting one, ie have all the items listed the landlord wants you to pay for but add a "bis zu einem Maxmimalbetrag von 1% des jaehrlichen Mietzinses". Good luck!
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Old 23.08.2012, 10:27
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Re: lease question- tenant responsible for home maintenance costs?

Quote:
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it is generally allowable
... more precisely it is "generally accepted"
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Old 23.08.2012, 10:36
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Re: lease question- tenant responsible for home maintenance costs?

Thanks for all the replies, My wife's company is translating the lease at this point and will have final approval for signature (they have some interest as far as early cancellation for job transfers etc.)

I really appreciate the insight that I get here as I attempt to navigate my way through the entry into a completely foreign culture. While the debates, gripes, jokes and random observations are fun to participate in, it's people who take the time out of their day to offer advice to a random stranger who really make me like and want to participate in this forum.

Thanks again to all!

Terry
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