What are the legal sanctions for a landlord who fails to have insulation installed in their rental property?
If the apartment you are renting lacks insulation, you may request that the landlord address this issue. Should the landlord refuse this request, you have the right to deduct the cost of repairs from your rent, proportionate to the wear and tear. High natural gas bills caused by a lack of thermal insulation result in financial hardship for the tenant. As clearly stipulated in Article 4 of the Condominium Law, "roofs, chimneys, general roof terraces, rain gutters, and fire escapes" are considered common areas shared by all flat owners. The Condominium Law mandates that expenses related to common areas must be paid by all flat owners. Processes necessary to prevent damage to the main structure of the property are considered emergency repairs.
As stipulated in Article 19 of the Condominium Law, titled "Maintenance of the main real estate, protection, and liability for damages":
"In the event that it is determined by the court that a defect in common areas or facilities is causing damage to the main structure or an independent unit or units, or that urgent repair or strengthening of the main structure is necessary, the consent of the flat owners is not required for such repairs or strengthening to be carried out in accordance with the project and technical requirements."
Based on the court's decision regarding "emergency repairs," you have the right to have the repairs performed and to demand reimbursement from the other flat owners for the costs incurred through the court order. It is not possible for other flat owners to refuse to participate in a decision made by the court or by the flat owners. The Condominium Law explicitly mandates that expenses requiring urgent repairs must be covered by all flat owners. However, the Condominium Law specifies that flat owners are not required to pay for repairs that fall outside the architectural plans and are considered luxury improvements.
Tenants are required to contribute to maintenance and repair operations carried out for common areas such as roofs and terraces in the apartment building. The tenant has the right to deduct the share of common area expenses they have paid from their rent, provided that the payment to the apartment manager is made via bank transfer with a clear description. If the expenses incurred by the tenant exceed the rent amount, the tenant is only entitled to offset an amount equal to the rent. The remaining balance must be covered by the landlord.
Furthermore, a tenant has the right to perform necessary and useful repairs on the rented property that are contrary to the nature of the tenancy. Necessary and useful repairs are described as follows: in cases where the water and electrical installations in the rented property are insufficient for ordinary use or are faulty, the tenant has the right to cover these costs and request their deduction from the rent.