General Rental Conditionsof the - Studentenwerk Schleswig-Holstein

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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.
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General Rental Conditionsof the - Studentenwerk Schleswig-Holstein

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