General Rental Conditionsof the - Studentenwerk Schleswig-Holstein

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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.
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General Rental Conditionsof the - Studentenwerk Schleswig-Holstein

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