Legal obligations as a landlord in the event of a broken dishwasher


Questioner

After moving, I rented out my previous home. There is a built-in dishwasher in the kitchen. Now it is broken. The tenants are of the opinion that this falls under major maintenance and that I should therefore install a new one. I have said that this is not profitable for me, so the rent will be lowered slightly. According to the points system, a dishwasher counts for 1.25 points, which amounts to 6 euros per month for us. The tenants do not agree to this because they simply want a new dishwasher. Am I indeed obliged to buy a new dishwasher or can I make a regular cupboard out of it and lower the rent?

Lawyer

In principle, the assessment should be based on how you have rented out the property. Apparently, you have rented out the property with a working (built-in) dishwasher. Minor maintenance is the responsibility of the tenant, so if, for example, a rubber part in the dishwasher can be replaced by the tenant himself, he must do it himself. But here the dishwasher seems to be beyond repair and a new one must be bought. This is the landlord's responsibility. You can of course make agreements with the tenants, as you indicated, offer a rent reduction and do not replace a dishwasher. However, if they do not agree to this, they can hold you accountable for having the broken dishwasher repaired or replaced. They cannot prescribe to you what type of dishwasher should be installed if it actually needs to be replaced. You can therefore also install a second-hand dishwasher, as long as it works. Of course, things may be different if you have made other arrangements with the tenant when concluding the rental agreement with regard to - in this case - the dishwasher.

Lawyer

It could also be that the dishwasher is broken because the tenant has not maintained it properly by regularly carrying out the minor maintenance mentioned above, in which case the story is different and the tenant is liable for the damage.

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