Who should pay for a clogged drain?

Question:

Over the weekend we found that the drain in our apartment was blocked, so we couldn't use the shower, toilet or sink. I contacted the landlord and asked him to fix it immediately, but he refused, saying that according to the lease, we ourselves are responsible for maintaining the drains.

As it was urgent, I had to contact a plumber myself, who arrived quickly and found that the problem was that an old glove was stuck in the downspout.

The plumber has now sent the bill for the work, and I have forwarded it to the landlord and asked him to pay it. However, the landlord still refuses. The plumber should get his money, but it can't be right that I should pay for it? Can I offset my claim against the rent?

Answer:

The answer to your question is both yes and no.

You have ordered the plumber to carry out a job, and therefore you are also obliged to pay the plumber.

However, I believe that ultimately it is the landlord who must pay for the work performed, as the fall arrester cannot be part of your maintenance obligation in any case.

When the landlord refuses to pay, it may be necessary to take legal action against the landlord, where it is determined that he must pay for the work. Only when you have won a legal action or the landlord has otherwise acknowledged in writing that he must pay, can you set off your claim against the landlord against your rent. You may never set off against the rent unless you have an acknowledged claim.

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