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An Atlanta-area property company is suing Grammy-winning R &B artist R . Kelly for $ 203 , 400 over " extensive damage " to two homes he rented . Kelly and the company settled in April 2018 for 0,000, agreeing Kelly would be released from damage claims. But the lawsuit says Kelly has only
An Atlanta-area property company is suing Grammy-winning R &B artist R . Kelly for $ 203 , 400 over " extensive damage " to two homes he rented . It says one home suffered damage to electric wiring, flooring, and windows and was missing items including a stove , furniture, ceiling fans and 22 light
An Atlanta-area property company is suing Grammy-winning R&B artist R. Kelly for $203,400 over "extensive damage" to two homes he rented.
The Atlanta Journal-ConstitutionSB Property Management Global, LLC., based in East Point, filed the lawsuit Wednesday. It says one home suffered damage to electric wiring, flooring, and windows and was missing items including a stove, furniture, ceiling fans and 22 light fixtures.
These are the same homes an associate of Kelly’s was accused of robbing in 2017. Alfonso L. Walker was charged with theft and burglary. Kelly and the company settled in April 2018 for $170,000, agreeing Kelly would be released from damage claims. But the lawsuit says Kelly has only paid $20,000.
The newspaper couldn’t reach any involved parties for comment.
Faucet, tiles: who has to take minor repairs - tenants or landlords?
cracks in the tiles, a loose handle on the kitchen window, the toilet flushing is constantly - to flaws it comes in rental apartments again and again. Quite often there is a dispute over who is responsible for the repairs - the tenant or the landlord?Landlord must keep apartment in contractual condition
In the Civil Code (BGB, paragraph 535) states: "The landlord has the leased property to the tenant in a condition suitable for contractual use to leave and receive it during the rental period in this state."
This means: "The landlord is responsible for all repairs to the apartment and the building as well as to the equipment rented with her," says Gerold Happ from the owners' association Haus & Grund Germany in Berlin. But who bears the costs afterwards, but depends on how the damage has occurred.Is something broken by wear, the landlord has to pay for the repair
Some repairs, however, must be borne by tenants - for example, if they have caused damage themselves.
"If a tenant drops a heavy object on the tiles, of course he has to pay the damage," says Michael Sittig of Stiftung Warentest. Many leases also contain so-called small repair clauses, according to which small measures must be taken over by the renter. Check
"This is usually only possible if the clause is limited to repairs to items subject to frequent and direct access by tenants," explains Annett Engel-Lindner of Immobilienverband Deutschland IVD.
The small repair clause must include a cost limit for the individual repairs. An amount between 75 and 100 euros is considered appropriate. The clause must also specify a limit for all small repairs of a year - maximum 150 to 200 euros or six percent of the annual gross rent or eight percent of the annual net rent.
So the first step for all concerned is to take a close look at the lease. If this does not contain a small repair clause, then the landlord must pay for all costs.
Some examples at a glance:
"It is crucial, whether it is a fitted kitchen of the tenant or whether it was rented with the apartment," explains Happ. If the fitted kitchen has been rented with the flat, the landlord is responsible for the repair and bears the costs - provided that the damage occurred despite proper use. If the renter mistakenly drops a hammer on the ceramic hob, then he has to pay by himself.
The faucet in the bathroom is loose, there are cracks in the sink: it is up to the landlord to take care of the repair and pay the costs. It looks different if the tenant has caused the damage - then he has to pay himself. A dripping faucet could be a minor repair, for which the tenant would have to pay depending on the contractual agreement.
The landlord is responsible for repairing floor tiles in the bathroom. If, however, the tenant has dropped a heavy object out of his hand, as a result of which the tiles have been badly damaged, then the following applies: He himself has to represent and pay for the damage.
Sometimes it happens that a room door does not close properly. "The repair of door closures often falls under the small repair clause in the lease," says Engel-Lindner. Within the scope of the permissible cost limitation, the renter must pay, provided that the small repair clause is effective.
If the apartment door is broken after a break-in, the lessor is generally responsible for the repair and its costs, as the renter is not responsible for the break-in.
If windows can not open properly or with difficulty, because they have moved, then the landlord has to pay for the repair and pay the corresponding bill. "These are usually age-related phenomena, but have not been influenced by the use of the tenant," said Happ.
What if children have thrown a ball against the glass in the living room, which then splinters? The landlord is responsible for the repair. "However, the rental party has to pay because the damage was caused by it," explains Engel-Lindner.
According to Engel-Lindner, it is always up to the lessee to install damp ceilings and walls - unless they are due to faulty ventilation behavior of the tenants - improper electrical power, leaking water pipes, rotten floorboards and door sills, insufficient heating, lack of soundproofing and other construction defects. (dpa)
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