Winter still has parts of Germany firmly under control and that means for many tenants that they have to shovel snow in the morning, sprinkle the sidewalk in front of the house when a layer of ice has formed overnight and remove the remains of roof avalanches. However, many tenants ask themselves who is responsible for the damage if a pedestrian slips, falls and breaks an arm or a leg? Is the landlord responsible or is it the tenant?
The landlord is liable
In an apartment building, according to the rental agreement, the tenants are responsible for winter maintenance and are obliged to clear the sidewalk in front of the house from snow and ice to free. The landlord has to make sure that everything is in order, because after all, he is the one whose insurance company has to pay for the damage if there is an accident. Most insurance companies require that tenants grit and clear the snow from 7:00 a.m., from 8:00 a.m. on Sundays and public holidays. The compulsory evacuation exists the whole day and ends at 8:00 pm in the evening.
The insurance does not pay
If the tenant simply cannot bring himself to scatter in the early morning and it comes Therefore, to harm a passer-by, then the landlord or the owner of the house not only has to claim damages, but also possibly compensation for pain and suffering. A private liability insurance can help here, but this insurance does not pay if the tenant has not vacated and the landlord has not noticed it because he has not checked. No excuse from the tenant, who may have had to go to work in the morning or had an urgent appointment, will help. In this case, either the tenant has to ask another neighbor to litter for him, or he has to inform the landlord, who in turn has to look for a replacement.
Anyone who goes away for a long time in winter must turn on the thermostat set the heating to frost protection to prevent the services from bursting. If this does not happen, the building insurance will not cover the damage.
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