Duties of owners during vacancy

Hello everyone, I warmly greet you!
My husband and I (son 1 year old) have bought an owner-occupied apartment on the 2nd floor with a garden in a 2-family house for next year. Above us there is a 2.5-room apartment, 50 sqm, which is rented out and the owner does not live in the building. The complex has a manager who handles everything with the maintenance fees etc. Unfortunately, the long-term tenant has moved out. Now the apartment is empty and for sale. The owners' expectations do not correspond to the market situation, even 2 years ago the apartment was not sold at that price. Not a big deal for us, but unfortunately the apartment has been empty for several months and no one is taking care of it. Is there something like a duty of care/guardianship for owners? Can the manager do something? I am concerned about the pipes and moisture in the apartment. Do you have experience? Do you advise us to get legal expenses insurance?
Thank you very much in advance!
Best regards, Sonja

Not a big deal for us, but unfortunately the apartment has been vacant for several months and no one is taking care of it. Is there such a thing as custody/duty of care for owners.

What does "no one is taking care of it" mean? What is currently being neglected or what do you expect? Have any damages occurred? Is he fulfilling his duties according to the division declaration/community rules/house rules?

A vacancy is just a vacancy. You can't force the owner to take any measures (see my questions).

So it's only about ventilation and heating. According to the current owners of our future non-apartment, no one has been there since the tenant moved out in July 2018. The hallway was also not cleaned.

Ok, not entirely correct: but why should the hallway be cleaned in a 2-family house when only you still live there? So the dirt comes from you. Even if, as said, it is not entirely correct, how do you want to quantify the damage that you have to clean up your own mess yourself?

Heaters should be set to frost protection (stern) and then that is also okay, even if it is annoying for you because you are minimally heating the empty apartment. If it is a shared heating system, only a certain portion is billed based on consumption anyway, the fixed part is paid by the owner regardless. So he bears the greater loss here and pays for your heating needs more than vice versa.

So it's only about airing and heating for me. According to the current owners of our future non-apartment, nobody has been there since the tenant moved out in July 2018. The hallway was also not cleaned.

Formally, he would have to provide his hallway cleaning service (if it is stipulated in the house rules). However, I also consider this negligible, since he no longer makes any dirt.

Airing and heating is his concern. The heating should be set to frost protection – just as written by Mottenhausen. Why should he air a dry and unused apartment? If, in the worst case, mold develops in the apartment, it really is none of your concern.

In short: nothing has happened so far and you are simply afraid that something could happen. The owner of the second apartment has also done nothing wrong.

Thread closed ;-)

Super many thanks! We do not live there yet, only from August 2019, but owners since March 2019. Then everything is just perfect ;-) Best regards