Who takes care of general damage from tenants?

Our answer regularly Legal experts Inquiries from readers on the topics of housing, property, rent and neighborhood. It deals with sensitive topics, from operating cost accounting to rental agreements, from neighborhood conflicts to renovation measures, from gardening issues to noise pollution.

Every other Monday is ours COURIER home phone available to you.
By the way, the next appointment is on 18. May 2026from 10 a.m. to 11 a.m. Call 05 9030 22337 or send your question by email to [email protected].

This time we received a question about damage caused by tenants.

QUESTION: I live as an owner in an apartment building. More than half of the apartments are rented. The tenants change frequently and cause damage, for example to walls in the stairwell. The general public has to pay for it. The property management doesn’t care. Letters are not responded to. Can the property management stay out of it?

This time there was a KURIER home telephone Attorney Thomas Sochor Information. He has the following legal answer:

ANSWER: Die Obligations of property management are clearly defined according to the WEG and numerous court decisions. In particular, the manager is obliged to protect the community-related interests of all apartment owners and to follow instructions from the majority of apartment owners, provided they are not illegal.
Make the administration aware of the grievances and damage caused by the tenants of the individual apartment owners.
In this context the Documentation of damagefor example through photographs, is essential. The behavior of the tenants will be attributable to the renting apartment owner.

The administrator can take care of it Duty The right to take action cannot be withdrawn by pointing out that the apartment owners have not made any decisions. If rapid action by the manager is required, for example in the event of imminent danger due to damage to the house, the manager must act immediately at his best discretion without a decision from the apartment owners.
If the property management is still inactive or cannot be reached, then a Liability of the administration conceivable. At best, it is conceivable to seek legal help and take direct action against the renting apartment owner, who is not against his disruptive tenant proceeds.

By Editor