General Rental Conditionsof the - Studentenwerk Schleswig-Holstein

General Rental Conditions of theStudent Administration of Schleswig-Holstein (Landlord)(Studentenwerk Schleswig-Holstein)(as of November 2004)Preliminary RemarkAlthough neutral gender forms may appear in the following rental conditions, the text is meant for both male andfemale alike.Preamble1. On the basis of the pursued social purpose of the Student Administration of Schleswig-Holstein(Studentenwerk), a public institution, it is incumbent upon them to grant as many students as possible entryinto the student dormitories. In this case, a restriction of tenancies is necessary, since it deals with theavailability of rented premises in the dormitories with an indirect sponsorship from the state, and because ofthe limited space availability in the dormitories the rotation principle is to offer as many students as possiblea state sponsored residence.2. The tenants have the possibility to take influence upon the coexistence in the dormitories by way of codeterminationthrough the various committees established by the Student Administration of Schleswig-Holstein (Studentenwerk), especially through the central admissions committee and the curatorship.§ 1Rental Rights(1) The tenancy ensues under the consideration that the tenant fulfills the prerequisites for rental rights in thedormitories managed by the landlord. Until the completion of their studies, students according to § 2 sec. 2StudWG Schl.-Holst. are granted rental rights within the rental period stated in the rental contract.Completion of studies means taking the designated final examinations for the academic subject of the tenant.Otherwise the rental rights comply with § 5 sec. 2 of these conditions.(2) The tenant is obliged to notify the landlord within 2 weeks of the conclusion of his/her studies, irrelevant tothe reasons for conclusion. The discontinuation of the rental rights does not grant the tenant the right tovacate or the claim to a contract cancellation with regard to the landlord.(3) Without being asked, the tenant is obliged to give the landlord a student certificate (Studiumbescheinigung)or a withdraw certificate (Exmatrikulationsbescheinigung) by the 30 th of April of the respective year for thesummer semester as well as by the 30 th of October of the respective year for the winter semester. If thelandlord does not receive a student certificate (Studiumbescheinigung) by the aforementioned dates, thelandlord will request the tenant in writing to do so. The tenant will be charged for costs pertaining thereto.If the tenant does not give the landlord a student certificate (Studiumbescheinigung) by the set daterequested in the notice, the landlord has the right to cancel the tenancy.(4) If it is noticed that the tenant, at the signing of the contract, pretended to have rental rights for one of thedormitories of the landlord, even though the rental rights of the tenant were not present or the arrangedrental period could not be met and the tenant could have noticed this or did notice this, the landlord has theright to terminate the tenancy with good reason.§ 2Foreign Exchange StudentsThe managing director can make special arrangements for the accommodation of foreign students stayingtemporarily in Schleswig-Holstein for either state or university exchange programs for the purpose of study.§ 3Rental(1) The rental is indicated in the rental contract.(2) Rented furnishings are listed in a special inventory document (Einzugsprotokoll). This document is part of therental contract. Existing communal rooms and furnishings may be used according to their purposes and withinthe bounds of the house regulations. The right to use them can be changed or revoked by the landlord at anytime.(3) The tenant will receive the key from the caretaker upon presentation of the receipt for the arranged depositand for the first rent payment. The landlord or his/her representatives (caretaker) are to be notifiedimmediately, if the keys are lost. The tenant has, at the latest, until the end of the contractually arrangedrental period to return the keys to the landlord. The keys are not to be sent by mail on the settlement date,rather to be handed over personally to the landlord or his/her reprensentatives. If the tenant does not return

General Rental Conditions (as of November 2004) 2the keys by the settlement date, the landlord has the right to enter the rented premises and install new locksand keys at the expense of the tenant. Therefore the tenant is under the obligation of furnishing proof thatthe keys were returned promptly to the landlord.(4) Other keys are not allowed to be made without the permission of the landlord. These keys are to be returnedwith reimbursement of costs or to be destroyed in the presence of the landlord upon vacating the rentedpremises. It is incumbent upon the landlord to decide whether he/she will make a reimbursement or demandthe destruction of the key.(5) Upon loss of keys, the landlord can demand reimbursement for the costs of installing new locks or cylinderlocks (master key system) depending upon the requirement for excluding misuse and for protecting the tenant(e.g. the community), as long as misuse of the lost key is not able to be excluded from the start. If misuse ofthe key does not come into consideration, the landlord can demand the costs for making a new key. It isincumbent upon the landlord to decide whether misuse is ruled out.§ 4Payment of the Rent(1) The total amount will be charged in advance by automatic payment transfer on the 3 rd working day of eachmonth. The direct debit instruction is also valid for an increase in rent or parts of the rent. A direct debitinstruction has to be presented upon signing the contract. If the account of the tenant does not have thefunds to cover the amount by the automatic payment transfer date, the tenant will be charged any existingcosts occuring therefrom.(2) If default occurs, the landlord has the right to charge a reminder fee of € 3,00 for each written reminder.The enforcement of lawfully permissible interest as well as the enforcement of a higher damage caused bydelay remain unaffected.(3) In the case of outstanding payments, installments are to be added first to the costs, then to the interest andlastly to the primary debt, i.e. the oldest debt.(4) The payment of rent by way of automatic payment transfer is agreed upon as the method of payment.§ 5Rental Period, Notice to Vacate(1) If the vacation and return of the rental after the end of the tenancy is delayed, the tenant is obliged to pay acompensation in the amount of the entire rent and other fees until the complete vacation and return of therental. On top of that, the landlord has the right to demand from the tenant those damages arising from thenew tenant, who is not able to be granted the rental, whereas the landlord may have to pay an entitlement tocompensation.(2) The tenancy is limited to 6 months (arranged rental period). The semesters during which the tenant hasalready lived in other dormitories of the Student Administration of Schleswig-Holstein (Studentenwerk) are tobe taken into account when determining the total semester count. Without need of a notice to vacate, thetenancy ends after the expiry of the stated rental period. The tenant can give a three month notice, in orderto vacate on the 1 st of September or the 1 st of March of the respective year.(3) If the tenant continues the use of the rental after the termination of the rental period, the tenancy is notconsidered to be extended. In this respect § 545 BGB, which in this case assumes it to be a silent extension ofthe tenancy, is not applied. The parties relinquish the rights to refer to a silent extension of the tenancyafter the rental contract ends. Both parties mutually accept this relinquishment.(4) The notice to vacate without observing a period of notice (instant notice to vacate) follows the legalregulations, provided that in the general rental conditions nothing is regulated otherwise.(5) The notice to vacate has to be in writing. In other cases the legal regulations will apply.§ 6Extension of the TenancyThe rental period mentioned in § 5 sec. 2 of the rental conditions can be extended by petition to the StudentAdministration of Schleswig-Holstein (Studentenwerk). The tenant does not have a general claim to anextension. The details for the extension procedure are stated in the admission and extension guidelines forthe dormitories of the Student Administration of Schleswig-Holstein (Studentenwerk). Those details whichare in the current version are part of this rental contract. The tenant recognizes these guidelines as bindingupon signing the rental contract.§ 7Early Termination of the Tenancy(1) Differing from § 5 in these general rental conditions, the tenant may request early termination before thearranged termination date of the rental period when an applicant, chosen by the deciding committee, isavailable. The tenant may suggest a new tenant only when the new tenant meets the requirements to live ina dormitory belonging to the Student Administration of Schleswig-Holstein (Studentenwerk) and no otherregular applicants exist. The new tenant may not be a current applicant with the Student Administration of

General Rental Conditions (as of November 2004) 3Schleswig-Holstein (Studentenwerk) or a current tenant. Further details are determined by the admissionand extension guidelines of the Student Administration of Schleswig-Holstein (Studentenwerk).(2) If the tenancy, according to sec. 1, is ended earlier than the stated period, a fee of € 35,00 will be chargedfor covering administrative costs arising from the termination. This fee is due before surrender of the rental.If a paid receipt is not presented at the time of moving out, the landlord will subtract the fee from thesecurity deposit paid by the tenant.§ 8Deposit(1) Before the rented premises are handed over to the tenant, the tenant has to pay the first month’s rent and adeposit in the sum of € 250,00 for a room or in the sum of € 300,00 for an apartment. The deposit has to beelectronically transferred to the Student Administration (Studentenwerk). In exceptional cases, the depositcan be paid in cash at the cash register.(2) The deposit will not yield interest in favor of the tenant. The Student Administration of Schleswig-Holstein(Studentenwerk) is exempt from this according to § 551 sec. 3 sentence 5 of the BGB. The interest earningsrather reduce current costs of the housing area and thus bring about a corresponding lower rental fee.(3) During the tenancy the tenant can not be credited the deposit. The deposit will be used as payment for openclaims of the landlord that are brought against the tenant after the end of the tenancy.(4) The landlord will electronically transfer the deposit or remainder of the deposit to the account stated by thetenant after the vacation of the rented premises.(5) If the repayment of the deposit or the remainder of the deposit is not able to be made by the landlord due toa fault on part of the tenant (such as having forgotten to give his/her new address or bank account number),the claim to repayment will lose validity after one year of the settlement date.§ 9Moving of the Tenant(1) The tenant has the possibility to move within the administered dormitories belonging to the StudentAdministration of Schleswig-Holstein (Studentenwerk). During the semester, it is possible to move within adormitory. Moving into another dormitory however, is only possible at the end of a semester. Should thetenant desire to move, he/she has to present this in writing by the 15 th of December (winter semester) and bythe 15 th of June (summer semester). The appropriate committees of the Student Administration will decidewhether the request is granted.(2) The tenant does not have claim to receiving the requested residence.(3) If the tenant is granted the requested residence, he/she will be charged for the additional costs arising fromadministration. The administration cost for the first move is € 25,00, for each move thereafter the price willincrease by € 5,00. The respective amount has to be paid before the landlord will countersign the rentalcontract. The tenant must present a receipt of payment to the landlord when moving into the new room. Ifthe tenant does not present a receipt, the amount will be taken from the deposit paid for the previouslyrented room. The tenant is obliged to replace the amount into the deposit that was taken from the deposit.§ 10Subletting(1) The tenant may not sublet the rented premises.(2) The tenant has the right to have visitors (visitation). The term „visitation“ means a temporary length of stayin the rented premises. In view of the fact that the rented premises are located in a dormitory where anorganized coexistence of the contracted parties can be organized solely with mutual consideration in theinterest of all contracted parties, the landlord has the right to expel visitors because of his/her householdrights of the dormitories should the visitor disturb the contracted parties. The landlord is also permitted toprohibit visitation in consideration of the size of the rented premises exceeding maximum occupancy limits.When the tenant is absent from the rented premises, he/she is not allowed to grant usage of the rentedpremises to a third party without permission from the landlord.(3) The landlord is able to instantly terminate the rental contract when the tenant, despite warning from thelandlord, grants unauthorized usage and/or sublets the rental.§ 11Extraordinary Notice of Cancellation by the Landlord(1) The landlord can terminate the tenancy before the stated period according to § 5 of the rental contract:(a) At semester end, when the specific purpose granting tenancy to the tenant is broken, or(b) Without notice, when the landlord finds a continuation of the tenancy unreasonable due to the tenant’ssevere or continual breach of contract.(2) The termination of the tenancy, according to sec. 1 letter (a), is also possible, under protection of a 3 monthnotice, when the tenant no longer has rental rights.

General Rental Conditions (as of November 2004) 4(3) The landlord has the right to give notice to vacate without issuing a period of notice (instant notice to vacate)when(a) The tenant is in arrears of two rent payments immediately following each other or a not inconsiderablepart of the rent, under which more than one month’s rent is understood, or(b) The tenant uses the rented premises contrary to the terms of the contract, especially when sublettingor when he/she allows a third party to reside with him/her.(c) The tenant severely or continually violates other contractual duties. A severe breach of contractespecially exists when the tenant continuously disturbs the domestic peace due to his/her behavior, sothat a continuation of the tenancy, in view of the circumstances of the individual case, especially afault of the contracting party, and in consideration of the mutual interests, is not able to be expected.(4) Otherwise the right to termination follows the legal conditions. A termination with a 3 month notice can alsobe granted instead of an instant termination.(5) In the case of a termination by the landlord according to sec. 3 (c), the house committee will be involved,according to the admission and extension guidelines for dormitories belonging to the Student Administration ofSchleswig-Holstein (Studentenwerk). Further details are to be taken from the aforementioned guidelines.(6) When the landord terminates the tenancy, it ends on the date it was mentioned. The return of the rentalmust take place on the date set by the landlord.(7) In the case of an instant termination by the landlord, the tenant owes the normal payment until the end ofthe semester, as long as the apartment is not rented to someone else in the meantime. Further claims fordamages of the landlord remain unaffected from this.§ 12Check-Out Procedure, Compensation of Damages(1) Upon termination of the rental contract, the tenant has to remove all property and clean the premises as wellas return all keys. The tenant is liable for all damages arising from not having vacated the rental in time orproperly.(2) If the tenant made any changes to the rental or equipped it with furnishings, the tenant is obliged to returnthe rented premises to their original conditions at his/her own cost by the end of the rental contract, as longas nothing else has been agreed upon.§ 13Vacation of the Tenant(1) The exact date of vacation has to be planned with the caretaker at least one week in advance. At this time, adate is to be set to vacate the premises, where a representative of the Student Administration of Schleswig-Holstein (Studentenwerk) will be present in order to record the conditions of the rooms and furishings in awritten protocol (Auszugsprotokoll). If a date is not set with the Student Administration, the StudentAdministration has the right to list possible existing defects and charge the tenant for them.(2) In the interest of the regulation of mutual claims between the tenant and the landlord, the tenant is obligedto inform the landlord of his/her address or address of his/her representative or authorized representativebefore moving out.(3) If the tenant vacates the premises after the tenancy without having made a date to vacate the premises andleaves behind belongings that he/she brought with him/her that are seen as abandoned at the premises, theyare able to be removed by the landlord at the cost of the tenant. The landlord also has the right to enter andclean the premises and install new locks at the cost of the tenant as long as the tenant has not at all or notpunctually cleared the premises and it appears as if he/she has abandoned the premises.(4) The landlord can also store abandoned objects at the cost of the tenant when they were not removed eventhough the tenant was requested to do so. The costs are determined by the respective conditions. Howeverthe costs will be rated at, at least, € 3,00 per day. If the landlord stores the objects belonging to the tenant,the landlord is only liable for his/her own gross negligence or deliberate acts or gross negligence of his/herrepresentative or agents. On this occasion, the same consideration that the landlord takes into account forthe treatment of his/her own belongings is to be taken as a basis.(5) The landlord has the right to the belongings when the belongings were not retrieved by the deadlines set,even though the tenant was requested to do so twice. A time span of at least 3 weeks has to lie between therequests that are set with a deadline. In addition, the landlord has the right to the abandoned objects of thetenant, when the tenant has not retrieved the objects within 3 months time of moving or clearing thepremises after the aforementioned requests were made. The tenant is obliged to pay for the costs arisingfrom the measures taken. If the utilization of the abandoned objects belonging to the tenant are in surplusafter settling the costs, the landlord will transfer this amount to the tenant.

General Rental Conditions (as of November 2004) 5§ 14Surrender of the PremisesThe surrender of the property can only occur on weekdays (except for Saturday) during the hours of 9 a.m. to2 p.m.. Should the contract start on a Saturday, Sunday or legal holiday, the surrender will occur on thefollowing work day.§ 15Flat Rate RentThe flat rate rent consists of the arising calculated costs or is based on the second computation order. Thelandlord has the choice of the permissible ratio of distribution and of the calculation methods. An individualbilling will not follow. The flat rate payments are able to be adapted to the possible changes in costs. Thetenant expressly waives the right to an itemization of the identified expenses.§ 16Defects of the Rental(1) The tenant is obliged to point out sources of danger and defects that appear during the rental period. Theindication is to immediately take place in writing to the landlord. If the defect already exists at the beginningof the rental period, the tenant loses his right to claim rent reduction, if he/she faultily refrains fromreporting it. A fault is present when the defect is visible to everyone straight away.(2) Otherwise the tenant is responsible to the landlord for being at fault from refraining to report a defect orgiving a late report of the defect according to § 536c sec. 2 BGB. The same applies to a faulty report.§ 17CompensationThe tenant can only make amends for counterclaims, that are established in the tenancy, to the rent, whenthe tenant has reported his/her indication in writing to the landlord at least 1 month before the settlementdate of the rent. Otherwise, the compensation from rent is not possible, unless the tenant provesindisputable or legally valid, established claims.§ 18Upkeep of the Rental(1) The tenant is obliged to treat the rental and other communal rooms, furnishings and appliances with greatcare. The tenant is obliged to clean and air out the rental and other rooms left in his/her care. If the tenanthas been requested by the landlord to clean the rented premises, and the tenant has not completed thisrequest by the stated date, the landlord will have the room cleaned professionally at the cost of the tenant.(2) The tenant is obliged to inform the landlord of missing household objects and damage to the rental.(3) The tenant is liable for damages that arise from any faulty damage to the items which he/she has beenentrusted with and to which he/she has been given the obligation to report on their status, especially whentechnical appliances and other furnishings have been treated improperly, or when the entrusted rooms havebeen insufficientely aired out, heated or protected from frost.In regard to causing damages, the tenant is liable for his/her visitors and for his/her agents § 278 BGB. Thetenant is responsible for the damages. The household tenants are liable for damages to communal rooms,furnishings and appliances.(4) Damages to the rental and communal appliances caused by the behavior of the tenant, are taken care of bythe landlord. The tenant has to pay the costs for repairs.(5) The landlord has the right to replace or remove communal appliances, as far as the estimation, in proportionto the entire importance for the tenants and landlord, seems advisable. If alongside the rent a special fee forthe work is agreeded upon, then this fee is to be newly calculated by the work and cost change; for newfurnishings, an appropriate fee can be charged.(6) Without permission from the tenant, the landlord can carry out repairs, modernizations and structual changesthat are necessary for the preservation and extension of the house or the rented premises or for thehinderance or removal of damages. The tenant has to allow entry to the rooms in consideration and can notdelay or prevent the work, otherwise he/she will have to carry the costs arising therefrom. In as much as thetenant is obliged to tolerate the work, he/she has the right to a reduction in rent, when his/her usage of therented premises is severly hindered. No further claims are possible.§ 19Access to Premises(1) The tenant is obliged to grant the landlord and his/her representatives entry to the rented premises afterhaving been given notice in the following cases:(a) During normal business hours in order to examine the condition of the rental when necessary, at anyrate, at least once during the semester;(b) For the time needed to perform work, maintenance and structural changes to the premises.

General Rental Conditions (as of November 2004) 6(2) The landlord also has the right to enter the rented premises without having given notice, as long as this isnecessary for the prevention of body, life or health threating situations as well as for the prevention of severeproperty damage. The access to the premises is authorized at any time of day or night in cases of danger.(3) In reference to sec. 1. the landlord will notify the tenant about entry date and time needed as early ascircumstances allow.(4) If the tenant denies entry into the premises or makes entry impossible in any way, the tenant is liable for anydamages or arising damages.§ 20House Regulations(1) The landlord and the tenant commit themselves to the preservation of domestic peace and to mutualconsideration. It is expressly pointed out that gross violations against the commitment justify an instantnotice to vacate from the parties.(2) The house regulations enforce house order and the use of communal grounds. The tenant is obliged to knowthe house regulations and to follow them.(3) The house regulations can be changed by the landlord, when urgent reasons of the rules or control demandthis.§ 21Liability of the LandlordThe landlord is liable for person and property damage of the tenant and his/her visitors as well as for propertybrought by the tenant only due to a deliberate act or gross negligence. The same applies to the agents of thelandlord. This also especially applies to damages to or loss of vehicles and bicycles, also when these are indesignated areas or other areas of the dormitory.§ 22AnimalsAnimals are absolutely forbidden. Small animals such as birds, hamsters and ornamental (harmless) fish donot fall into this category as long as they do not disturb other tenants and they are kept in appropriatecontainers.§ 23BicyclesThe tenant is not permitted to take bicycles into the rental as well as the entry ways leading to the rental.The tenant is obliged to place his/her bicycle in the appropriate designated areas.§ 24StatementsStatements from the tenant that concern the tenancy must be in writing to take effect. They are to be givenexclusively to the administration of the Student Administration of Schleswig-Holstein (Studentenwerk).§ 25Invalidity of Individual RegulationsIf individual regulations of the rental contract as well as the general rental conditions are invalid, the otherconditions will be valid. An alternative regulation for the achievement of the same economic and legal resultin the legally allowed parameters is seen as an agreement.§ 26Inception of the Rental ConditionsThese general rental conditions replace the general rental conditions in the November 2001 version and arevalid for all current rental contracts. The distribution of the new general rental conditions to each tenant isnot necessary since the possibility of access is guaranteed by the Student Administration of Schleswig-Holstein(Studentenwerk).The managing director of the Student Administration of Schleswig-Holstein(Studentenwerk Schleswig-Holstein)signed Kellotat