When you rent out your property, it's important to be aware that, unlike when selling, you don't relinquish your obligations simply by signing the contract. On the contrary, many obligations only begin at this point. But what exactly are they?
One of your most important responsibilities as a landlord is the maintenance of the property. If you are not personally present to address wear and tear or malfunctioning equipment, it is advisable to hire a caretaker. You can also stipulate in the lease agreement that your tenant is responsible for minor cosmetic repairs. However, this only applies to fixtures and fittings, such as door and window handles, light switches, or door frames, and only if they are not typical signs of wear and tear. Damage to pipes and wiring, as well as damage resulting from structural defects, is always the landlord's responsibility. Furthermore, you are responsible for ensuring that the radiators in your property are functioning properly. Should any of these fail, you must arrange for replacement or repair.
Furthermore, you must provide your tenant with garbage bins and arrange for gritting in icy conditions during the winter. However, you can contractually delegate this responsibility to the tenant. Nevertheless, you are obligated to ensure that the tenant actually fulfills this obligation.
Costs such as garbage disposal or snow removal are considered ancillary costs. Landlords typically charge a monthly flat fee as an advance payment for these. Once a year, you must reconcile these payments with the actual costs incurred and provide your tenant with a detailed statement of ancillary costs. Depending on whether the costs are higher or lower than the payments made, the tenant will either receive a refund or be required to make an additional payment. You must prepare the statement no later than 12 months after the end of the billing period.
When your tenant moves in, you are also obligated to provide them with a landlord's confirmation of residence. Tenants have needed this confirmation since November 1, 2015, when registering their residence. The rental agreement alone is no longer sufficient. The tenant must use this confirmation to prove that they have actually moved into the apartment. The confirmation must include your name and address, the tenant's move-in date, and their name and address. Templates for this are widely available online. You must issue the confirmation no later than two weeks after your tenant moves in. Failure to comply may result in a fine.
Before you decide to rent out your apartment, it is important that you familiarize yourself thoroughly with your obligations as a landlord and, if necessary, seek help from a professional so that you are not overwhelmed by the tasks afterwards.