<strong>General</strong> <strong>Rental</strong> Conditions (as of November 2004) 4(3) The landlord has <strong>the</strong> 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 o<strong>the</strong>r or a not inconsiderablepart of <strong>the</strong> rent, under which more than one month’s rent is understood, or(b) The tenant uses <strong>the</strong> rented premises contrary to <strong>the</strong> terms of <strong>the</strong> contract, especially when sublettingor when he/she allows a third party to reside with him/her.(c) The tenant severely or continually violates o<strong>the</strong>r contractual duties. A severe breach of contractespecially exists when <strong>the</strong> tenant continuously disturbs <strong>the</strong> domestic peace due to his/her behavior, sothat a continuation of <strong>the</strong> tenancy, in view of <strong>the</strong> circumstances of <strong>the</strong> individual case, especially afault of <strong>the</strong> contracting party, and in consideration of <strong>the</strong> mutual interests, is not able to be expected.(4) O<strong>the</strong>rwise <strong>the</strong> right to termination follows <strong>the</strong> legal conditions. A termination with a 3 month notice can alsobe granted instead of an instant termination.(5) In <strong>the</strong> case of a termination by <strong>the</strong> landlord according to sec. 3 (c), <strong>the</strong> house committee will be involved,according to <strong>the</strong> admission and extension guidelines for dormitories belonging to <strong>the</strong> Student Administration of<strong>Schleswig</strong>-<strong>Holstein</strong> (<strong>Studentenwerk</strong>). Fur<strong>the</strong>r details are to be taken from <strong>the</strong> aforementioned guidelines.(6) When <strong>the</strong> landord terminates <strong>the</strong> tenancy, it ends on <strong>the</strong> date it was mentioned. The return of <strong>the</strong> rentalmust take place on <strong>the</strong> date set by <strong>the</strong> landlord.(7) In <strong>the</strong> case of an instant termination by <strong>the</strong> landlord, <strong>the</strong> tenant owes <strong>the</strong> normal payment until <strong>the</strong> end of<strong>the</strong> semester, as long as <strong>the</strong> apartment is not rented to someone else in <strong>the</strong> meantime. Fur<strong>the</strong>r claims fordamages of <strong>the</strong> landlord remain unaffected from this.§ 12Check-Out Procedure, Compensation of Damages(1) Upon termination of <strong>the</strong> rental contract, <strong>the</strong> tenant has to remove all property and clean <strong>the</strong> premises as wellas return all keys. The tenant is liable for all damages arising from not having vacated <strong>the</strong> rental in time orproperly.(2) If <strong>the</strong> tenant made any changes to <strong>the</strong> rental or equipped it with furnishings, <strong>the</strong> tenant is obliged to return<strong>the</strong> rented premises to <strong>the</strong>ir original conditions at his/her own cost by <strong>the</strong> end of <strong>the</strong> rental contract, as longas nothing else has been agreed upon.§ 13Vacation of <strong>the</strong> Tenant(1) The exact date of vacation has to be planned with <strong>the</strong> caretaker at least one week in advance. At this time, adate is to be set to vacate <strong>the</strong> premises, where a representative of <strong>the</strong> Student Administration of <strong>Schleswig</strong>-<strong>Holstein</strong> (<strong>Studentenwerk</strong>) will be present in order to record <strong>the</strong> conditions of <strong>the</strong> rooms and furishings in awritten protocol (Auszugsprotokoll). If a date is not set with <strong>the</strong> Student Administration, <strong>the</strong> StudentAdministration has <strong>the</strong> right to list possible existing defects and charge <strong>the</strong> tenant for <strong>the</strong>m.(2) In <strong>the</strong> interest of <strong>the</strong> regulation of mutual claims between <strong>the</strong> tenant and <strong>the</strong> landlord, <strong>the</strong> tenant is obligedto inform <strong>the</strong> landlord of his/her address or address of his/her representative or authorized representativebefore moving out.(3) If <strong>the</strong> tenant vacates <strong>the</strong> premises after <strong>the</strong> tenancy without having made a date to vacate <strong>the</strong> premises andleaves behind belongings that he/she brought with him/her that are seen as abandoned at <strong>the</strong> premises, <strong>the</strong>yare able to be removed by <strong>the</strong> landlord at <strong>the</strong> cost of <strong>the</strong> tenant. The landlord also has <strong>the</strong> right to enter andclean <strong>the</strong> premises and install new locks at <strong>the</strong> cost of <strong>the</strong> tenant as long as <strong>the</strong> tenant has not at all or notpunctually cleared <strong>the</strong> premises and it appears as if he/she has abandoned <strong>the</strong> premises.(4) The landlord can also store abandoned objects at <strong>the</strong> cost of <strong>the</strong> tenant when <strong>the</strong>y were not removed eventhough <strong>the</strong> tenant was requested to do so. The costs are determined by <strong>the</strong> respective conditions. However<strong>the</strong> costs will be rated at, at least, € 3,00 per day. If <strong>the</strong> landlord stores <strong>the</strong> objects belonging to <strong>the</strong> tenant,<strong>the</strong> landlord is only liable for his/her own gross negligence or deliberate acts or gross negligence of his/herrepresentative or agents. On this occasion, <strong>the</strong> same consideration that <strong>the</strong> landlord takes into account for<strong>the</strong> treatment of his/her own belongings is to be taken as a basis.(5) The landlord has <strong>the</strong> right to <strong>the</strong> belongings when <strong>the</strong> belongings were not retrieved by <strong>the</strong> deadlines set,even though <strong>the</strong> tenant was requested to do so twice. A time span of at least 3 weeks has to lie between <strong>the</strong>requests that are set with a deadline. In addition, <strong>the</strong> landlord has <strong>the</strong> right to <strong>the</strong> abandoned objects of <strong>the</strong>tenant, when <strong>the</strong> tenant has not retrieved <strong>the</strong> objects within 3 months time of moving or clearing <strong>the</strong>premises after <strong>the</strong> aforementioned requests were made. The tenant is obliged to pay for <strong>the</strong> costs arisingfrom <strong>the</strong> measures taken. If <strong>the</strong> utilization of <strong>the</strong> abandoned objects belonging to <strong>the</strong> tenant are in surplusafter settling <strong>the</strong> costs, <strong>the</strong> landlord will transfer this amount to <strong>the</strong> tenant.
<strong>General</strong> <strong>Rental</strong> Conditions (as of November 2004) 5§ 14Surrender of <strong>the</strong> PremisesThe surrender of <strong>the</strong> property can only occur on weekdays (except for Saturday) during <strong>the</strong> hours of 9 a.m. to2 p.m.. Should <strong>the</strong> contract start on a Saturday, Sunday or legal holiday, <strong>the</strong> surrender will occur on <strong>the</strong>following work day.§ 15Flat Rate RentThe flat rate rent consists of <strong>the</strong> arising calculated costs or is based on <strong>the</strong> second computation order. Thelandlord has <strong>the</strong> choice of <strong>the</strong> permissible ratio of distribution and of <strong>the</strong> calculation methods. An individualbilling will not follow. The flat rate payments are able to be adapted to <strong>the</strong> possible changes in costs. Thetenant expressly waives <strong>the</strong> right to an itemization of <strong>the</strong> identified expenses.§ 16Defects of <strong>the</strong> <strong>Rental</strong>(1) The tenant is obliged to point out sources of danger and defects that appear during <strong>the</strong> rental period. Theindication is to immediately take place in writing to <strong>the</strong> landlord. If <strong>the</strong> defect already exists at <strong>the</strong> beginningof <strong>the</strong> rental period, <strong>the</strong> tenant loses his right to claim rent reduction, if he/she faultily refrains fromreporting it. A fault is present when <strong>the</strong> defect is visible to everyone straight away.(2) O<strong>the</strong>rwise <strong>the</strong> tenant is responsible to <strong>the</strong> landlord for being at fault from refraining to report a defect orgiving a late report of <strong>the</strong> 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 <strong>the</strong> tenancy, to <strong>the</strong> rent, when<strong>the</strong> tenant has reported his/her indication in writing to <strong>the</strong> landlord at least 1 month before <strong>the</strong> settlementdate of <strong>the</strong> rent. O<strong>the</strong>rwise, <strong>the</strong> compensation from rent is not possible, unless <strong>the</strong> tenant provesindisputable or legally valid, established claims.§ 18Upkeep of <strong>the</strong> <strong>Rental</strong>(1) The tenant is obliged to treat <strong>the</strong> rental and o<strong>the</strong>r communal rooms, furnishings and appliances with greatcare. The tenant is obliged to clean and air out <strong>the</strong> rental and o<strong>the</strong>r rooms left in his/her care. If <strong>the</strong> tenanthas been requested by <strong>the</strong> landlord to clean <strong>the</strong> rented premises, and <strong>the</strong> tenant has not completed thisrequest by <strong>the</strong> stated date, <strong>the</strong> landlord will have <strong>the</strong> room cleaned professionally at <strong>the</strong> cost of <strong>the</strong> tenant.(2) The tenant is obliged to inform <strong>the</strong> landlord of missing household objects and damage to <strong>the</strong> rental.(3) The tenant is liable for damages that arise from any faulty damage to <strong>the</strong> items which he/she has beenentrusted with and to which he/she has been given <strong>the</strong> obligation to report on <strong>the</strong>ir status, especially whentechnical appliances and o<strong>the</strong>r furnishings have been treated improperly, or when <strong>the</strong> entrusted rooms havebeen insufficientely aired out, heated or protected from frost.In regard to causing damages, <strong>the</strong> tenant is liable for his/her visitors and for his/her agents § 278 BGB. Thetenant is responsible for <strong>the</strong> damages. The household tenants are liable for damages to communal rooms,furnishings and appliances.(4) Damages to <strong>the</strong> rental and communal appliances caused by <strong>the</strong> behavior of <strong>the</strong> tenant, are taken care of by<strong>the</strong> landlord. The tenant has to pay <strong>the</strong> costs for repairs.(5) The landlord has <strong>the</strong> right to replace or remove communal appliances, as far as <strong>the</strong> estimation, in proportionto <strong>the</strong> entire importance for <strong>the</strong> tenants and landlord, seems advisable. If alongside <strong>the</strong> rent a special fee for<strong>the</strong> work is agreeded upon, <strong>the</strong>n this fee is to be newly calculated by <strong>the</strong> work and cost change; for newfurnishings, an appropriate fee can be charged.(6) Without permission from <strong>the</strong> tenant, <strong>the</strong> landlord can carry out repairs, modernizations and structual changesthat are necessary for <strong>the</strong> preservation and extension of <strong>the</strong> house or <strong>the</strong> rented premises or for <strong>the</strong>hinderance or removal of damages. The tenant has to allow entry to <strong>the</strong> rooms in consideration and can notdelay or prevent <strong>the</strong> work, o<strong>the</strong>rwise he/she will have to carry <strong>the</strong> costs arising <strong>the</strong>refrom. In as much as <strong>the</strong>tenant is obliged to tolerate <strong>the</strong> work, he/she has <strong>the</strong> right to a reduction in rent, when his/her usage of <strong>the</strong>rented premises is severly hindered. No fur<strong>the</strong>r claims are possible.§ 19Access to Premises(1) The tenant is obliged to grant <strong>the</strong> landlord and his/her representatives entry to <strong>the</strong> rented premises afterhaving been given notice in <strong>the</strong> following cases:(a) During normal business hours in order to examine <strong>the</strong> condition of <strong>the</strong> rental when necessary, at anyrate, at least once during <strong>the</strong> semester;(b) For <strong>the</strong> time needed to perform work, maintenance and structural changes to <strong>the</strong> premises.