§ 1 START OF RENTAL & RENTAL DURATION
- The rental agreement is concluded for a fixed period of 11 months from the start of the rental
period. - If neither of the contracting parties has complied with the statutory notice period of 3 months
and terminated the contract by the end of the 9th month at the latest, the rental agreement is
automatically extended by a further month. - From the 12th month onwards, the landlord can terminate the rental agreement with a notice
period of one month, provided that the notice is given by the 3rd of the respective month at the
latest. In this case, the tenant must move out at the end of the same month. - The statutory notice period of 3 months continues to apply to terminations by the tenant. Even
after the 11th month.
§ 2 RENTAL PROPERTY
The landlord rerents the apartment for residential purposes to the tenant
§ 3 RENT
The monthly rent is written in the final contract that is sent to you for reading through and signature. The rent includes operating costs. If the included operating costs do not cover the billing costs at the end of the year because the tenants‘ consumption is higher, the difference will be divided among the existing tenants. The tenants bear these costs themselves. Including hot water and heating: If the included hot water and heating costs do not cover the billing costs at the end of the year because the tenants‘ consumption is higher, the difference will be divided between the existing tenants. The tenants bear these costs themselves. Electricity costs are not included and must be registered independently. You will receive a Electric-Meter-Number from us and then can register at a company like Vattenfall for it. Internet is included and must be registered independently. The monthly rent was reduced by the flat rate amount. The apartment will be delivered furnished.
§ 4 PAYMENT TERMS
- First rent and deposit
The first rent is to be paid no later than the day of moving in. The deposit is due immediately after
receipt of the signed rental agreement. - Allocation of the deposit
If the deposit is to be paid in installments, the second installment is to be paid no later than 30
days after the first installment is paid. - Rent and additional costs
Rent and additional costs are to be paid monthly in advance from the start of the tenancy. The
payment must be transferred free of charge to the account of the landlord and his partner by the
30th working day of the previous month at the latest.
PAYMENT OF THE RENT TO THE FOLLOWING ACCOUNT:
4U Apartments
IBAN: DE 56 1001 0123 1017 4167 25
BIC: QNTODEB2XXX
at QONTO
Reference: Use the code in the Beginning of the EMAIL that you have received & The Word: Miete
For Example: SGS-E01-001-Miete
The decisive date is the value date on the landlord‘s account, not the day of dispatch.
If payment is received late after the 30th of the respective payment month, a contractual penalty
of €30 will be due.
§ 5 TERMINATION PERIOD
The tenant has a minimum term of 6 months from the start of moving in. The contract cannot be
terminated earlier
§ 6 RENTAL SECURITY
The tenants are obliged to pay the landlord a rental security deposit of €750.00 at the start of the
tenancy. These are paid in 2 installment of €375.00 each. The deposit must be paid immediately
after the contract is signed. The subsequent installment, if split, must be paid no later than the
end of the month.
This is confirmed by the landlord upon receipt of payment and from then on the signed contract
is legally valid. Deposits are retained from the move-out date for up to 6 months if necessary.
However, the payment is usually made earlier.
Payment of the deposit to the following account:
4U Apartments
IBAN: DE 62 1001 0123 5987 6031 09
BIC: QNTODEB2XXX
at QONTO
Reference: Use the code in the Beginning of the EMAIL that you have received & The Word: Kaution
For Example: SGS-E01-001-Kaution
§ 7 PENALTY FEE FOR WITHDRAWAL FROM THE CONTRACT
- Withdrawal from the contract after signing and paying the deposit
If the tenant withdraws from the contract after signing the rental agreement and paying the first
deposit, he is obliged to pay a contractual penalty of €500.00. This contractual penalty serves to
compensate the landlord for the costs incurred by the withdrawal, in particular for processing
the tenancy. The contractual penalty is waived if the tenant finds a suitable replacement tenant.
However, if the originally rented apartment is not available for move-in for important reasons
and the landlord offers a suitable, temporary alternative apartment that the tenant refuses, the
obligation to pay the contractual penalty remains. - Right of withdrawal
The withdrawal must be made in writing. The tenant is not entitled to a refund of the deposit or
rent already paid if these are used to cover damage or losses due to the withdrawal.
§ 8 CONDITION OF THE RENTED PREMISES
The landlord grants the tenant the use of the rental property in the condition it was in when it
was handed over. This condition is known to the landlord when the rental property is handed over
and is recorded in a protocol, which is an essential part of the rental agreement.
Defects in the rental property known at the start of the rental agreement are recognized by
the tenant as being in accordance with the contract. The landlord is not liable for initial defects
regardless of fault. If the landlord still has to carry out remaining work on the rental property,
the handover of the rental property to the tenant cannot be refused, provided that the use as a
residence is only insignificantly impaired.
§ 9 COSMETIC REPAIRS
During the term of the tenancy, the tenant assumes the costs of cosmetic repairs.
Cosmetic repairs include in particular painting or wallpapering the walls and ceilings as well as
the interior doors, painting the radiators and heating pipes and the windows and exterior doors
from the inside.
As a rule, cosmetic repairs are to be carried out in:
- kitchen and bathroom
- living rooms and bedrooms, hallways, floors and toilets
- all other ancillary rooms
The cosmetic repairs are to be carried out, if necessary, in a professional “average manner
and quality” in accordance with § 243 BGB and in the specific case are based on the renovation
requirements, i.e. sooner or later depending on the condition.
§ 10 MAINTENANCE OF THE RENTED PROPERTY
- The tenant is obliged to treat the rented property and the communal facilities and equipment
with care and consideration. Damage to the house and in the rented premises must be reported
to the landlord immediately. The tenant is liable for any further damage caused by late reporting. - The tenant must ensure that the rented premises are properly cleaned and adequately heated
and ventilated, and that the interior rooms are protected from frost. The tenant is liable to the
landlord for damage caused by negligently violating his duty of care, diligence and reporting.
He is equally liable for damage caused by his relatives, subtenants, workers, employees,
tradesmen and people who stay in the apartment or visit him with his consent. If the tenant or the
aforementioned group of people has caused damage to the rented property, he must report this
to the landlord immediately. The tenant must immediately remedy any damage for which he is
responsible. If the tenant does not comply with this obligation within a reasonable period of time,
even after receiving a written reminder, the landlord can have the necessary work carried out at
the tenant‘s expense. The tenant must prove that he was not at fault.
§ 11 USE OF THE RENTED PROPERTY
- The tenant may only use the rented rooms for purposes other than residential purposes with
the permission of the landlord. The landlord‘s consent is also required if the tenant wants to
make alterations, additions, installations or other changes to the rented property. - The parties agree that subletting or transferring the rented property to third parties requires
the landlord‘s consent.
The tenant is not permitted to keep small animals without the landlord‘s consent.
§ 12 MINOR DAMAGE / MINOR REPAIRS
The tenant shall bear the costs for repairing minor damage up to the amount specified below,
regardless of fault. These are the maintenance costs for those objects and facilities that are
subject to his direct and frequent use, such as installation facilities for water, electricity, gas,
heating and cooking facilities, as well as roller shutters, blinds, shutters and awnings and
window and door locks.
The upper limit for a repair is EUR 95 in individual cases, up to a maximum of EUR 300 including
VAT per year, but not more than 8% of the annual rent (excluding heating).
§ 13 CONTRACTUAL PENALTIES AND TERMINATION RULES
- The provisions of §§ 573 ff BGB apply to the termination of the rental agreement. The
termination must be made in writing. After receipt of the written termination from the tenant,
there are three months left until the contract is fully terminated. This means that the notice
period is therefore three months, starting at the end of the calendar month. Any termination
received before the 3rd of the month is still valid for the same month. After that, the period only
begins from the following month - If payment is received late after the 30th of the respective payment month, a contractual
penalty of €30 is due. - Repeated failure to pay on time can lead to a warning for the tenant, whereby the
appropriateness of the warning is at the discretion of the landlord. - If the house rules, which are attached to the contract as an appendix, are not complied with, a
warning can also be issued. - After three warnings, the landlord can terminate the rental agreement without notice and with
immediate effect. If the tenant continues to use the rental property, the rental agreement is not
considered to have been extended. The corresponding provision of the German Civil Code does
not apply in this respect.
§ 14 ENTRY OF THE RENTED PROPERTY BY THE LANDLORD
The landlord or a person appointed by him may enter the rental property for important reasons
and after timely notice in order to check its condition, read measuring devices or carry out
repairs or maintenance measures.
§ 15 MAJORITY OF PERSONS AS CONTRACTUAL PARTIES
- If a tenant consists of several people, they are jointly and severally liable for all obligations
arising from the tenancy. - Declarations whose effect affects the individual tenants in the tenancy must be made by and
to all of them. However, the tenants authorize each other – subject to written revocation – to
receive or make such declarations until further notice. This also applies to the receipt of notices
of termination, but not to the issuing of such notices or to the conclusion of a rental termination
agreement.
§ 16 HOUSE RULES
The parties agree that the house rules given to the tenant when the rental agreement is
concluded become an essential part of the rental agreement.
§ 17 TERMINATION OF THE RENTAL AGREEMENT
- Return of the rental property – The tenant must hand over the rental property to the landlord
completely vacated and cleaned and with all keys, including those obtained by the tenant, at a
date agreed by both parties. A protocol must be drawn up of the handover. - The tenant must ensure that the relevant companies are granted access to all measuring
devices in the rental property (heating, hot, cold water, etc.). If this is not the case, the tenant
must cover the costs of another appointment for the interim reading themselves. The protocol of
the interim reading must be handed over to the landlord at the handover. - Structural changes to the rental property or facilities must be removed by the tenant at the
landlord‘s request or the original condition must be restored. - If the tenant has already carried out the cosmetic repairs specified in Section 9 of this contract
and these works are not yet due to be carried out again, the landlord can demand pro rata
compensation for this if there is a need for further cosmetic repairs. The tenant can avoid this
claim if he carries out these works himself or has them carried out.
If the tenant is responsible for carrying out the cosmetic repairs, he is obliged to carry them out
or have them carried out in a professional „average manner and quality“.
If damage to the rental property or the facilities is discovered when the property is handed over,
the tenant is obliged to compensate for the damage incurred, less the generally usual period of
use.
§ 18 INDEX RENT CLAUSE
The parties agree that the rent will be determined by the „Consumer Price Index for Germany“
price index calculated monthly by the Federal Statistical Office (index rent). The index level at
the time the rental agreement is concluded applies. If the aforementioned index rises or falls by
more than 5 percent since the rental agreement was concluded or compared to the agreed rent,
the landlord can demand a change in the rent in the same proportion as the percentage index
change. According to BGB § 557b, an increase in the index rent proportional to the increase in
the consumer price index may only occur once a year and no earlier than twelve months after
moving in.
§ 19 INSPECTION
The landlord or a third party commissioned by him, in particular the property management, is
entitled to enter the rented premises to carry out a quarterly inspection. This must be announced
at least 7 days in advance. The inspection serves to check that the rented premises are in good
condition and to check whether the rental agreement is being complied with. The tenant is
requested to cooperate in the inspection.
§ 20 ORAL AGREEMENTS
Oral agreements between the contracting parties are excluded and have no validity. Changes,
additions or agreements are only valid if they are recorded in writing and are part of this
contract.
§ 21 ACCESSIBILITY
The tenant undertakes to provide the landlord with an email address where he can be reached
at any time. The tenant is also asked to provide a domestic telephone number where he can
be reached in an emergency. Any changes to the contact details must be communicated to the
landlord immediately.
§ 22 DRUG USE
The tenant undertakes not to consume drugs in the rented apartment. This applies both to his
own consumption and to consumption by third parties who are in the apartment. Violations of this
obligation entitle the landlord to terminate the tenancy without notice.
§ 23 TENANT PORTAL
In order to always be informed about the latest news and the annual operating cost statements,
the tenant undertakes to use the tenant portal. The access data and an invitation to register will
be sent to the tenant by email.
§ 24 WRITTEN FORM/SALVATORY CLAUSE
- The parties expressly agree that there are no oral side agreements to this contract and that any
changes or additions must be in writing. - Should clauses in this contract and its appendices be or become invalid, the parties agree that
the remaining clauses in the contract shall remain valid. The invalid clause will then be replaced
by one that corresponds to the economically intended content in a legally permissible manner.