Cyprus-Forum.com

[Maximus]

The contract you signed with the previous landlord rolls over to the new landlord. What does it say there about repairs?

Wear and tear is the landlord´s responsibility. My question wasn´t about who is responsible though but rather about how to proceed if the landlord is unable/unwilling to fulfill their obligations and you can´t reach an agreement. Could you have it fixed and pay for it from withheld rent and if so what would be the proper procedure to follow? As I said, I don´t have an acute problem yet. I just want to know for potential future issues. Is there some sort of tenant´s association in Cyprus which would offer advice when it comes to problems with your landlord? Is there insurance available for such cases?

I think I have already given you the answer but lets ask Get Real.

[Get Real!]

The contract you signed with the previous landlord rolls over to the new landlord. What does it say there about repairs?

Wear and tear is the landlord´s responsibility. My question wasn´t about who is responsible though but rather about how to proceed if the landlord is unable/unwilling to fulfill their obligations and you can´t reach an agreement. Could you have it fixed and pay for it from withheld rent and if so what would be the proper procedure to follow? As I said, I don´t have an acute problem yet. I just want to know for potential future issues. Is there some sort of tenant´s association in Cyprus which would offer advice when it comes to problems with your landlord? Is there insurance available for such cases?

I think I have already given you the answer but lets ask Get Real.

I’m not a RE agent and I’ve never been a tenant here. If the information on the Internet is not enough then he should go speak with a local RE agent.

[GreekIslandGirl]

If you've been there a long time, and intend to stay a long while more, it would be nice to have these small matters repaired yourself.

BTW - it's never the right thing to do to withhold rent (even if it's for repairs that you chose to carry out for whatever reason e.g. thinking they are not your fault for breakage) as you immediately become in breach of your contract/agreement. Paying the rent is your main protection against unfair eviction.

[36510]

BTW - it's never the right thing to do to withhold rent (even if it's for repairs that you chose to carry out for whatever reason e.g. thinking they are not your fault for breakage) as you immediately become in breach of your contract/agreement. Paying the rent is your main protection against unfair eviction.

This is what I´m trying to find out. Where I´m from you can legally withhold rent (as long as it´s proportionate to the impairment) and in severe cases the landlord will even have to pay a hotel for you if you can´t be expected to live in your rented space (e. g. if there is unbearable noise due to construction). I´m just trying to gather info about the legal situation in Cyprus. If your landlord is dragging your feet even though it´s his responsibility to have something fixed - which recourse do you have as a tenant?

[GreekIslandGirl]

BTW - it's never the right thing to do to withhold rent (even if it's for repairs that you chose to carry out for whatever reason e.g. thinking they are not your fault for breakage) as you immediately become in breach of your contract/agreement. Paying the rent is your main protection against unfair eviction.

This is what I´m trying to find out. Where I´m from you can legally withhold rent (as long as it´s proportionate to the impairment) and in severe cases the landlord will even have to pay a hotel for you if you can´t be expected to live in your rented space (e. g. if there is unbearable noise due to construction). I´m just trying to gather info about the legal situation in Cyprus. If your landlord is dragging your feet even though it´s his responsibility to have something fixed - which recourse do you have as a tenant?

The brochure that GR! linked is so vague that I would infer (from a quick skim) from it the best way to proceed is to do minor repairs yourself. In the long run, this could be more cost-effective and definitely less traumatizing.

(BTW Which country to you come from that is so against landlords it has such punitive measures as withholding rents? Is it an ex-communist country? )

Cyprus tends to follow English Law and from what I can gather, that is a no-rent-withholding procedure.

Do you want to stay there? Do you want a good reference?

- If it's only a washing machine and air-con repair, I would do it.

[B25]

Does your rental agreement state that you rented a 'Furnished' property??

If so, then its contents and infrastructure are the responsibility of the landlord to do in reasonable time.

You can advise the landlord that if he doesn't do it, you will have it done and subtract it from the rent amount. Best to give to him in writing.

He cannot evict you for this. Even if he wanted to go down that road, it is a very long, winded and expensive route that he won't want to go.

As long as you are not in breach of any other clause in the rental contract.

In fact he cannot even start eviction proceedings unless you are at least 2 months in arrears.

The landlord has responsibilities as does the tenant.

So, just tell him what you plan to do and let him decide. You have no fear of the law, in fact it would probably even be on your side.

Good luck.

BTW. You should also confirm with the new landlord that they do now hold the original deposit assuming you paid one.

[GreekIslandGirl]

I would concede to B25 as he knows his stuff. But I differ on one point and that is that you cannot threaten to undertake the repairs yourself and deduct from the rent. You can only do this if your landlord states that you can because he has accepted they are not your fault as breakages. If you do withhold rent, at the very least he can withhold your deposit for 'unpaid' rent later down the line.

[36510]

(BTW Which country to you come from that is so against landlords it has such punitive measures as withholding rents? Is it an ex-communist country? )

Germany. And I wouldn´t even think that´s it´s punitive. If your landlord doesn´t provide what he owes (liveable space with functioning infrastructure) why should you not be allowed to reduce the rent? You could argue it´s not a punishment but simply adapting your pay to the level of "service" you are receiving. E. g. there is an elevator in the building which has been out of order for months. Due to arthrosis in my knee this is a real hassle for me. Shouldn´t I be within my rights to expect that this elevator is maintained so that I can use it if I agreed on the rent assuming that it would (even though the elevator isn´t even mentioned in my lease)?

[B25]

(BTW Which country to you come from that is so against landlords it has such punitive measures as withholding rents? Is it an ex-communist country? )

Germany. And I wouldn´t even think that´s it´s punitive. If your landlord doesn´t provide what he owes (liveable space with functioning infrastructure) why should you not be allowed to reduce the rent? You could argue it´s not a punishment but simply adapting your pay to the level of "service" you are receiving. E. g. there is an elevator in the building which has been out of order for months. Due to arthrosis in my knee this is a real hassle for me. Shouldn´t I be within my rights to expect that this elevator is maintained so that I can use it if I agreed on the rent assuming that it would (even though the elevator isn´t even mentioned in my lease)?

Yes, certainly, the elevator comes as pert of the rental package and the landlord(s) of the apartments are obliged by law to have the lift maintained a minimum of 8 times per year. Most have it done every month.

I would certainly tell the land lord that you will withhold rent money for repairs if he doesn't do it, then it is up to him. I would also ask for a reduction of the rent for the non use of the elevator.

With regards to him not paying your deposit, easily sorted, you don't pay him the last months rent. Landlords cannot just do as they wish.

Honestly, my advice would be to look for another place!

[Maximus]

We are talking about repairs (wear and tear) to appliances or furniture here right, not an unlivable space. If you withhold rent, you are in breach of your obligations as the tenant.

You cant just go repairing whatever you think needs repairing and then deducting the amount from the rent as you see fit, without the landlords approval first. This can potentially be construed as an attempt to circumvent the rent payments.

Try to cultivate a positive relationship with your landlord.

Speak with the landlord and propose to get it fixed with a quoted price and ask if you can deduct it from the rent payment. I always do this and the result is always positive. I have a good relationship with my landlord.