General Terms of Tenancy Agreement
for the Studentenwerk Dresden's halls of residence, a public institution, as of September 2012
This is NOT a legal document. It simply serves as guideline to the document "Allgemeine Mietbedingungen - AMB 09/12" in German, which is the official language in any legal dispute.
§ 1 Right of abode
(1) The right of abode in the halls of residence run by the Studentenwerk Dresden (hereinafter referred to as SWD) depends on the Halls of Residence Regulations and Guidelines of the Studentenwerk Dresden in the respectively valid version.
(2) The tenant is obliged to provide the SWD with a certificate of study for the current semester without being asked until the 30 November of any year (for the winter semester) and until the 31 May of any year (for the summer semester). If this does not occur, (even after the tenant has received a warning letter with a fixed time limit) the tenancy agreement can be cancelled for cause without previous notice.
(3) The tenant is obliged to immediately inform the SWD if he/she loses the right of abode (removal from the register of students) and to terminate the tenancy agreement until the expiry of the next month. Should the tenant inform the SWD too late (after the removal from the register of students has already taken place), termination of the tenancy agreement is not possible before the expiry of the month following the notification of the removal from the register of students towards the SWD.
(4) In any case, the right of abode lapse with the expiry of the contract period as agreed by contract. The tenant accepts that the SWD is legitimately interested in limiting the tenancy agreement due to the restricted number of residence hall rooms (indirectly state supported accommodation) which, by rotation system, shall be made available to as many students as possible.
(5) Should the right of abode be in question, the SWD may demand further conclusive proof from the respective tenant that he/she is authorized to live in a residence hall room of the SWD. Should there be any indications that the tenant is no longer taking studies, has graduated or is employed, the SWD may also demand that the tenant shows probable cause for the continuation of the right of abode, if necessary by making a statutory declaration.
§ 2 Payment of rent
(1) Rent is due a month in advance until the 7th working day of the current month. Payment has to be made by direct debit on the basis of a direct debit authorization given to the SWD by the tenant which cannot be cancelled for the agreed contract period. Amendments of bank details have to be announced to the SWD until the last working day of the previous month.
(2) Should direct debit payment not be possible for reasons that are due to the tenant, he/she has to bear all incurring additional costs. This is also the case if the rent for the current month cannot be debited from the bank account named by the tenant in the direct debit authorization.
(3) Should a second warning letter be necessary, the tenant has to pay 5 euros of the incurring administrative expenses.
§ 3 Amount of rent and internet access
(1) The SWD calculates the amount of the all-inclusive rent so that all costs of the rented accommodation as pro rata costs of all incurring expenses of the whole residence hall or of an economic unit, to which a number of residence halls belong, are covered. The all-inclusive rent consists of a basic rent oriented on the dwelling value, the general costs and further fixed expenses that may incurr (e.g. for a parking lot). The current expenses are included in the dwelling value oriented basic rent according to article 18, paragraph 1ff. II. BV. as far as they are not considered as running costs according to regulations of the BetrKV. The fixed apportionment is calculated according to the distribution of all expenses of the respective residence hall to the number of available rooms.
(2) In those residence halls where the SWD provides and runs a separate internet connection all costs for internet access are covered by the rent. In order to use the internet (activation of internet access), the tenant is required to make a separate agreement with the SWD on the basis of the applying Student Hall Network User Regulations.
(3) The basic rent may be raised on the basis of the economic plan set and permitted according to article 111, paragraph 3, no. 3 as well as clause 2 of the Act of Higher Education of the Free State of Saxony or its confirmed amendments. The tenant owes the raised rent to the SWD from the 1st of the following month onward, provided that the SWD has informed the tenant in writing about the rent increase not later than the 15th of the previous month.
(4) Should the actual incurred expenses of the previous year (incl. all electrical costs) differ from the expenses calculated and apportioned to the tenant (incl. all costs for energy consumption), the SWD will proportionally adjust the apportionment to the respective rental item. At the same time, the estimated plan for the current year will be included in the calculation. Should the expenses (incl. all costs for energy consumption) as a result of the announced increase in price be higher than the strongest of both standard values of the previous year, the respective difference will be taken into account in the settlement. If possible, the tenants will be informed in writing about the proportional increase by 15 April of the current year, so that the adjusted apportionment will be in effect from May of the current year onward until the next adjustment. Should the SWD fail to keep to the aforementioned deadline, the increased apportionment will also belatedly come in force. If the announcement is made until the 15th of a month, the increase will be in effect from the respective month following the announcement onward.
(5) The SWD charges a fee for a rental period of 12 months or less to the amount of 12 euros per month for a room in a non-renovated residence hall and 15 euros for a room in a renovated residence hall. The extra charge is not due if a tenancy agreement has already permanently existed for at least 12 months and was not suspended for more than 6 months.
§ 4 Deposit
(1) Before the tenant is authorized to use the rented accommodation, he/she has to pay a deposit (the amount of which is defined in the tenancy agreement) into a bank account or at the cash desk of the SWD. The transfer voucher or the pay-in slip must be presented when moving in. The SWD explicitly points to article 551, paragraph 2 of the BGB.
(2) The tenant does not have the right to claim interest on the deposit. Accrued interest is added as income to the earnings of the residence halls and is thus considered as cost cutting factor with regard to the amount of the rent.
(3) During the duration of the tenancy the tenant cannot offset the deposit against outstanding debts on behalf of the SWD. The deposit is used for all outstanding expenses of the former tenant after the tenancy has ended.
(4) After the tenant has moved out and the rented accommodation was handed over, the SWD transfers the remaining or full amount of the deposit to a bank account specified by the tenant before moving out. Should the tenant not specify a bank account, the deposit will be transferred to the bank account last registered by the SWD for direct debit of the rent. The deposit is retransferred within a period of approximately 10 weeks after the tenancy has ended, allowing the SWD to check whether or not the SWD is entitled to make any claims against the former tenant. Should the SWD be entitled to claims, the deposit can only be retransferred after the remedying of all damages (billing of all external companies etc.). If the deposit cannot be retransferred for reasons the SWD is not responsible for, the claim lapses after a period of 6 months starting when the tenancy ends.
(5) Article 11, paragraph 5 AMB is explicitly referred to.
§ 5 Liability
(1) The SWD is only liable for personal injuries and damages to property of the tenant, his/her relatives and guests if the damage is attributable to the fault of the SWD or members of its staff.
(2) The tenant is liable for damages to SWD property culpably caused by neglect of the tenant's part or that of his/her guests. The burden of proof lies with the tenant.
(3) The tenant is responsible for compensation of lost or damaged inventory of the SWD in the amount of the replacement value or the repair costs.
(4) For the duration of the tenancy the tenant receives keys (see inventory list). If keys get lost or are not given back during the moving out procedure, the SWD is entitled to replace the respective keys and all appropriate locks at the expense of the tenant. Refund of costs for keys that are eventually found again is only possible within a period of 6 weeks after the reported loss (during the tenancy) or after moving out only until the accommodation is relet, however, not later than six months after the end of the tenancy. Refund of costs is not possible for transponder locking systems and keys that cannot be reused, for instance as a result of damage.
(5) The tenant does not have the right to replace or complement locks installed by the SWD.
§ 6 Declaration of intent, announcements of the lessor
(1) According to the tenancy agreement declarations of intent on the part of the tenant are to be send in writing to the office of the SWD accommodation division.
(2) According to the tenancy agreement declarations on the part of the SWD are considered as delivered at the moment of insertion through the tenant's student hall letter box.
(3) Should the tenant be absent for a longer period of time, the tenant is advised to inform the SWD about the temporary address to which the SWD will send all declarations of intent.
(4) The SWD may inform all tenants or groups of tenants by notices displayed on notice boards or any other public areas. The tenant is obliged to take notice of these announcements. The SWD may also use the internet for the information of all tenants who use internet access provided by the SWD. The aforementioned tenants are urged to check their email accounts for incoming messages by the SWD and to take notice of them.
§ 7 Moving in and moving out
(1) The state of the rented accommodation will be documented on the inventory list during the handing over of the room. The inventory list has to be signed by both contracting parties.
(2) Tenants who wish to change their residence have to apply in writing using the appropriate application form provided by the SWD. For the processing of the application, the SWD charges an administration fee according to the SWD schedule of fees. Unauthorized changing of the residence hall is considered as contravention of the tenancy agreement.
(3) According to the tenancy agreement the SWD may demand that the tenant moves to another room/ another accommodation unit if the SWD has specific reasons. The following may be reasons for a tenancy changeover:
- closure of the rented accommodation because of sanitary regulations or regulations by the building inspection department
- the SWD gives up running a certain residence hall
- maintenance, repair works and pest control
- the SWD aims at decreasing the number of tenants living in a certain residence hall
- the SWD intends to rent out all available rooms of a double bedroom/of an accommodation unit. Should this be impossible or restricted as a result of an already existing tenancy agreement, the SWD will offer the still available rooms to interested students or may require a tenancy changeover from the tenant to a comparable room or accommodation unit.
- refurbishments that result in a basic change of room capacity and/or in an increase of rent which means that the tenancy agreement becomes invalid.
In that case the tenant does not have the right to return to the refurbished residence hall. Moving by order is only possible during a specific period of time if it serves a certain purpose.
§ 8 Responsibilities of the tenant
(1) The tenant has to take care of the rented accommodation and should avert any damage as far as this is possible and reasonable for the tenant. The tenant may contribute through his/her behaviour to a positive atmosphere in the student hall.
(2) The tenant is particularly responsible for:
- cleaning his/her room and keeping the balcony (if existent) tidy according to general hygiene requirements. As lessor the SWD has the right to inspect the rented accommodation after prior notice if necessary. Common rooms are to be used according to their purpose only. These rooms should be left in the same clean and tidy state they were found in. Communal rooms such as kitchens, showers, washing rooms, corridors, air wells and parking places are not to be used for the storage of personal belongings. The SWD has the right to remove these items to the expense of the owner.
- The tenant has to immediately inform the janitor of any damages or defects. Should the tenant not inform the janitor or if the janitor is informed too late, the tenant is liable for any consequential damages even if he/she is not responsible for the original defect. The SWD reserves the right to carry out any necessary repair works or redevelopments without the tenant's approval. For these purposes the tenant has to provide access to his/her room during usual working hours. The SWD has to inform the tenant at least 24 hours before demanding entry to a room. Only in case of imminent danger prior notice is not required.
- Tenants living in shared rooms where not all beds are always occupied have to make sure that these beds (incl. all inventory) can be rented out any time. The SWD has the right to rent out these places and to inspect the room after prior notice to ensure that they are available. The SWD may inform the tenant of new tenants at short notice.
- Communal rooms, especially corridors, stairways, air wells, common kitchens, showers, bathrooms, toilets, bicycle storage rooms etc. are considered as no smoking areas. If club rooms are used to party it is up to the organizer to allow or prohibit smoking. The organizer has to ensure that the room is well ventilated after the party and all cigarette stubs, ashtrays etc. are disposed of.
- Smokers in shared rooms have to consider non-smokers in the room. Smokers should not smoke in the room if non-smokers are present. Both smokers and non-smokers should agree on times when smoking is not allowed. To refrain from smoking before and during night time (10 p.m. - 6 a.m.) should go without saying.
§ 9 Offsetting claims against rent
(1) The tenant may only set off claims against claims of the SWD if they are beyond debate. Such claims have to be announced in writing at least a month before the rent is due.
§ 10 Transfer of rented accommodation to a third party
(1) Any subletting or transfer to a third party, be it partially or gratuitously, is strictly forbidden.
(2) In justified exceptional cases the tenant may (upon written approval of the SWD) sublet his/her room to a third person (who is entitled to reside in a student hall according to the Tenancy Rules and Regulations) during a period of temporary absence from the place of study. Tenant and subtenant are considered as joint debtors and are both responsible for all contractual commitments.
§ 11 Duration and termination of the tenancy agreement
(1) As a matter of fact the tenancy is restricted according to § 1 of the General Terms of the Tenancy Agreement and ends after the contractually agreed tenancy period at notice or by termination agreement.
(2) The tenancy usually starts on the first day of a month and ends on the last day of a month at 12 midday. If the day the tenancy starts is a Saturday, Sunday or an official holiday, the rented room is handed over at the earliest on the following working day (Mo-Fr). In that case, the monthly rent is not reduced. If the last day of the month/of the tenancy is a Saturday, Sunday or an official bank holiday, the rented room has to be handed over to the respective janitor on the last day of the previous working week during working hours. The tenant has no right to claim partial repayment of the last rent. As a rule rooms can only be handed over to the tenant (with the beginning of the tenancy) or to the respective SWD janitor (at the end of the tenancy) during the working week (Monday-Friday) and during working hours. The tenant has no right to claim partial or complete refund of the last rent if the rented accommodation is returned by the tenant's own free will before the last working day of the tenancy.
(3) In justified cases the tenancy might be extended on the basis of the Student Hall Rules and Regulations of the SWD. The appropriate application form needs to be handed in to the SWD at least 3 months before the tenancy agreement expires. The applicant has to give reasons for the extension of the tenancy (proofs and certificates must be provided) and the desired period of tenancy extension.
(4) Despite the restriction of the tenancy agreement, the tenant may terminate the agreement in writing at latest by the 3rd working day of a month for the following month provided that the rental period is not shorter than 12 months. This is the case if article 3, paragraph 5 of the AMB applies. Should a tenant cancel the tenancy agreement for personal reasons with the intention to move back to a student hall room after a short period of time another tenancy is again possible on the basis of the Halls of Residence Regulations and Guidelines. However, the tenant may not reclaim the room rented until the cancellation of contract for a later tenancy. The room that becomes available with a tenant moving out is immediately used without restriction of any kind to be rented out to other tenants who have the right of abode. Students who have already lived in a student hall are excluded for 4 months from the date of moving out from reoccupying a student hall room. Under exceptional circumstances the stated period may be reduced by the executive director of the SWD or the head of the accommodation division.
(5) If requested by the tenant, the tenancy can be cancelled after 11 months or an even shorter period of time on the basis of a termination agreement. Subject matter of this contract is the payment of compensations amounting to a maximum of 300 euros. The termination agreement has to be concluded at latest by the 3rd working day of the month preceding the month of the desired tenancy cancellation. Remuneration to the aforementioned amount is also due if the tenancy ends after 11 months or less as a result of an extraordinary notice of cancellation by the SWD. Remuneration is due on return of the rented accommodation. Remuneration is realised by holding back the deposit regardless of any deposit or rent arrears on the part of the tenant and regardless of any costs that might incur for the tenant as a result of damaged inventory etc. The tenant does not owe the aforementioned remuneration if the tenant gives reasonable notice due to circumstances beyond his/her control or if the tenancy has been limited by contract from the first due to special circumstances. Such circumstances exist if the tenant leaves university without registering anew with an educational institute in the scope and area of responsibility of the SWD. Proof must be presented to the SWD at the latest on the first day of tenancy. § 11, paragraph 4, clause 2 also applies in the above-mentioned cases.
(6) The SWD may give immediate notice under the following circumstances:
- if the tenant is in arrears with the rent or a significant part of the monthly rent
- if the tenant uses the rented accommodation contrary to the tenancy agreement despite disciplinary warning,
- in particular, if the tenant leaves the rented accommodation to the use of a third party
- if the tenant repeatedly and seriously impinged on the tenancy agreement, the Halls of Residence Regulations and Guidelines and the General Terms of the Tenancy Agreement Under such circumstances, the tenant is liable for the loss of rent until a new tenant is found, however, not longer than for a period of 2 months.
§ 12 Responsibilities after the end of the tenancy
(1) After the tenancy has ended, the rented room must be handed over to the SWD cleared of any personal belongings, in a clean and tidy state and together with all keys. Otherwise, the tenant will have to bear all incurring costs for the clearance and cleaning of the room as well as for the replacement of keys etc.
(2) An appointment for the handing over needs to be arranged with the respective janitor at least 5 working days in advance and has to take place during the working hours of the janitor. The tenant is obliged to attend the appointment in person.
(3) Should it be the case that during the handing over or after the end of the tenancy the SWD ascertains that the tenant has left personal belongings in the rented accommodation, the SWD will store these belongings and will rent out the room to a new tenant. Moreover, the SWD reserves the right to dispose of or destroy perishable property or property of no recognizable value. Stored tenant property passes into the ownership of the SWD 6 months after the end of tenancy. The SWD is only liable for damages caused on the property during the storage or the clearance in case of intent or gross negligence. The SWD has the right to refuse delivery of the stored property until the settlement of all demands on the part of the SWD towards the former tenant.
(4) Paragraphs 1-3 accordingly apply also in case of removal within student halls.
§ 13 Aesthetic repairs and structural changes
(1) The tenant is obliged to keep the rented accommodation in a state compliant with the normal use. Should the tenant leave the room in a state which by general standards cannot be considered as inhabitable, the SWD has the right to carry out all aesthetic repairs regarded as necessary at the expense of the former tenant. This does also apply if the original color of the wall paint was changed without consent of the SWD.
(2) The tenant is not authorized to carry out any structural modifications or changes to the installations. According to the present General Terms of the Tenancy Agreement the following, in particular, are regarded as part of the installations: data networks with all of its active and passive components incl. all sockets and routers as far as they are operated by the SWD or one of its contractual partners.
§ 14 Parking of vehicles
(1) The tenant may only park his/her car in the designated areas.
(2) The tenancy agreement does not base a claim on the provision of a parking lot.
(3) Vehicles or vehicle parts must not be parked or stored in areas designated for human habitation.
(4) Unusable vehicles or vehicles not officially registered must not be parked on the premises of the SWD. The same applies analogously to vehicle parts. The SWD has the right to remove such vehicles or vehicle parts at the expense of the tenant.
§ 15 Rooms and facilities for common use
Rooms and facilities for common use are not part of the tenancy agreement but may be used by all tenants according to their respective purpose. The SWD may withdraw the right of usage of all rooms and facilities not necessary to ensure accessibility of the rented accommodation at any time.
§ 16 Data protection
The tenant agrees to the processing and storing of all personal data necessary for the verification and administration of the tenancy by the SWD though electronic data processing.