The Supreme Court recently made it clear in one of its supreme court decisions that a landlord’s obligations to prevent disturbances, especially when room temperatures in the rental property are high, can go very far. If the Supreme Court sticks to these views, this would lead to a far-reaching expansion of landlords’ legal obligations to maintain rental property.

 

The specific statements on this can be found in the Supreme Court decision 5 Ob 110/15k, in which the Supreme Court discussed principles for such an extension of obligations at high room temperatures.

Especially since the facts on which this decision was based were not raised accordingly by the first court, the final decision on this ultimately remained open, but this supreme court decision contains strong indications that a landlord could take measures in this regard in the future. This matter was referred back to the trial court for further proceedings and a new decision. It therefore remains to be seen how the courts and ultimately the Supreme Court will actually decide after the procedure has been completed.
For now, the following facts exist.

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