General Terms of Tenancy Agreement - AMB 05/18
for the Studentenwerk Dresden's halls of residence, a public institution, as of May 2018
This is not a legal document. It simply serves as guideline to the document "Allgemeine Mietbedingungen" in German, which is the official language in any legal dispute.
§ 1 Residence eligibility
(1) Residence eligibility in residences operated by Studentenwerk Dresden (hereinafter SWD) is governed by SWD’s “Residence Regulations and Guidelines” as amended.
(2) The Tenant is obligated to provide SWD unrequested with his/her certificate of study for the current semester – by 11 November for each winter semester and by 31 May for each summer semester. If the Tenant fails to do so even after receiving written warning by SWD and a deadline, the rental contract may be terminated without notice on substantial grounds.
(3) The Tenant is obligated to provide SWD with immediate notice of the loss of his/her eligibility for residence (unenrollment) and to terminate the tenancy as per § 11 para. 6.
(4) Eligibility for residence expires in any case upon expiration of the contract period stipulated in the rental contract.
The Tenant acknowledges that there is legitimate interest in the agreed-upon limitation of the rental contract as, due to the limited number of housing spots in student residences, state-subsidized housing (indirect state subsidy) shall be made available to as many students by way of the rotation principle.
(5) In case of doubt regarding eligibility for residency, SWD is entitled to require further verification from the Tenant. In particular, SWD may require of the Tenant (if there is ample evidence that the Tenant is no longer duly studying, has completed his/her studies or is predominantly in professional occupation) that Tenant provide proof of their continued eligibility, where necessary by sworn affidavit.
§ 2 Payment of rent
(1) Rent payments shall be made monthly in advance, by the seventh working day of each month. Rent shall be paid by direct debit via a SEPA direct debit mandate to be issued by SWD that may not be revoked for the duration of the rental contract. Changes to the bank account must be made known to SWD in writing before the last working day of the previous month.
(2) In the event that a direct debit payment cannot be collected for reasons for which the Tenant is responsible, the Tenant will carry the costs for any costs SWD thus incurs. This also applies where the rent for the current month cannot be collected from the account named in the SEPA direct debit mandate.
(3) In the event of a second warning, the Tenant will bear 5.00 € of the resulting administrative costs.
§ 3 Rent amount, Internet access
(1) SWD calculates the total all-inclusive rent to include the rented room’s share of ongoing expenses for the residence or for the economic unit comprising several residences to which the rented room belongs.
The total all-inclusive rent consists of a rental fee based on the residential quality, lump-sup charges and where applicable other additional fixed amounts (e.g. parking space). The rental fee based on the residential quality includes the ongoing expenses as per § 18 para. 1 ff. II. BV unless they are not operating costs as defined in the conditions of the operating cost regulations. Lump-sum charges are calculated by distributing all expenses of the residence in question to the standard housing spots in the hall.
(3) An increase of the rental fee based on the residential quality is permissible based on the determined and approved business plan as per § 111 para. 3 no. 3 and clause 2 of the Saxon University Code (Sächsisches Hochschulgesetz) or its confirmed amendment.
The Tenant is liable to pay the increased rent from the first of the following month if SWD informs him/her in writing of the increase at the latest by the fifteenth of the previous month.
(4) If the actual expenses including the total costs for energy consumption (actual value) incurred by SWD in the previous year are higher or lower than the planned expenses including costs for energy consumption (target value) for the previous year apportioned to the individual rented room, SWD will adjust the lump-sum charge for each rented room accordingly. At the same time, the plan estimate for the current year will be taken into consideration. If the expenditure including the total costs for energy consumption based on the announced price increases greater than the higher of the two benchmark values of the previous year (actual/target value), the difference will be taken into consideration in the account. The Tenant will receive notice in writing of the apportioned adjusted lump-sum charge if possible by April 15 of the current calendar year with the result that the adjusted charge applies from May of the current calendar year until the next adjustment. If SWD gives late notice, the adjusted lump-sum charge applies from an accordingly later date; i.e. upon notice by the fifteenth of a given month, the charge applies from the following month.
(5) For rental durations of twelve months and shorter, a surcharge of 12 € for non-refurbished and 15 € for refurbished residences will be charged per spot and month. The surcharge does not apply if a continuous tenancy has been in place for at least 12 months and has not been interrupted for more than six months.
§ 4 Deposit
(1) Before moving in, the Tenant must make a deposit to an account named by SWD or at the main cash desk at SWD; the amount of the deposit is specified in the rental contract. The Tenant will provide the transfer voucher or deposit slip upon moving in. Specific reference to § 551 para. 2 BGB is made here.
(2) Deposits do not carry interest for the Tenant. Interest is credited to the residences as income and thus has a cost-reducing effect on the rent.
(3) During the duration of the tenancy, the Tenant may not settle with the deposit any claims made by SWD. The deposit will be offset against any open claims against the Tenant made by SWD after the tenancy has been terminated.
(4) Once the Tenant has moved out and the rented room has been returned, SWD will transfer the deposit, in full or in part after deducting any amounts that may be offset, to an account named by the Tenant before moving out. Any bank fees for international transfers will be borne by the Tenant. If the Tenant fails to name an account, SWD will transfer the deposit to the last known account used for direct debit rent payment. The return transfer of the deposit will be made no later than approx. 10 weeks after the end of the rental contract to allow SWD time to examine any claims against the Tenant. If SWD is entitled to assert any claims against the Tenant, the return transfer of the deposit will be made after all costs for damage repair have been deducted (financial statement by external financing, etc.).
(5) Specific reference to § 11 para. 5 General Rental Terms is made here.
§ 5 Liability
(1) SWD is liable only for damages that arise to the Tenant and his/her guests and relatives if it is legally responsible for these damages to these persons.
(2) The Tenant is liable for damages to items managed by SWD that have been culpably caused by violation of the Tenant’s obligation to exercise due diligence.
Similarly the Tenant is liable for any damages culpably caused by his/her guests and relatives. The onus lies with the Tenant to prove that Tenant is not liable.
(3) The Tenant must pay SWD compensation for missing or damaged inventory amounting to the replacement value or actual repair costs.
(4) The Tenant will receive keys (see inventory list) for the duration of the contract. If a key is lost or upon moving out not all keys are returned to SWD, SWD is entitled to replace all keys in question and alter or replace all related locks at the Tenant’s expense. The Tenant will be reimbursed for found keys during the rental contract only up to six months after loss; or after the Tenant has moved out until the housing spot is reallocated, to a maximum of six months from the end of contract. The Tenant will not be reimbursed for transponder locks and unusable keys (e.g. due to damage).
(5) The Tenant is not entitled to replace or supplement locks provided by SWD with his/her own.
§ 6 Declarations of intent, announcements by SWD
(1) Declarations of intent of the Tenant must be submitted in writing to SWD’s main office as named in the rental contract.
(2) Declarations of intent of SWD to the Tenant are deemed received when dropped into tenant’s building mailbox at the residence as per the rental contract.
(3) For absences of several weeks from the university location, the Tenant may inform SWD of his/her temporary address in writing. SWD will then forward any such declaration of intent to this temporary address.
(4) SWD can inform all Tenants or groups of Tenants via notices on the notice board or other generally accessible locations. The Tenant is responsible to take ongoing notice of such notices. SWD may also inform the Tenant via his/her provided email address. The Tenant is responsible to check his/her email regularly, to take ongoing notice of electronic communications from SWD and to inform SWD in the event of a change of email address.
§ 7 Moving in and change of flat
(1) On moving in, an inventory to be signed by both parties will be made in which the state of the rented room is recorded.
(2) The Tenant may apply in writing to SWD for a change in flat using the form provided by SWD. SWD will charge the Tenant an administrative fee as per the SWD fees table in connection with an approval of a change of flat application.
Unauthorized change of flat is a breach of the contract terms.
§ 8 Tenant’s obligations
The Tenant shall be obliged to treat the rented object he/she uses with care and to prevent damage as best he/she reasonably can. The Tenant shall contribute to an overall positive living atmosphere with his/her overall behavior. The Tenant has the following specific obligations:
- The Tenant must clean the room and – where applicable – the balcony to satisfy hygienic standards. SWD is entitled to assure the state of the rented room subject to prior notification.
Common facilities may be used for their appropriate purpose only. After use they must be left in a state that corresponds to careful treatment of the facility and meets general behavior standards. Common facilities (kitchen, shower, washing room, halls, atrium, parking spaces, etc.) may not be used to store personal items. SWD is entitled to remove any items stored in violation of the contract at the expense of the owner.
- The Tenant must notify the caretaker of any defects and damages immediately. If damages are not reported or not reported in due time, the Tenant is responsible for any consequential damages even where he/she is not responsible for the original damage. The Tenant shall provide access to the rented room during normal working hours for the purpose of any necessary improvements and structural changes. SWD must make prior notification. In case of imminent danger, access must be permitted without prior notification.
- In shared rooms with multiple beds, the Tenants must keep non-rented spaces and all accompanying inventory in a rentable condition.
SWD is entitled to rent out unoccupied housing spots and to ascertain whether spots are rentable without prior notification. SWD is responsible to inform the Tenant of new rental contracts, which may occur on short notice.
- Smoking is prohibited in common spaces – in particular stairways, halls, atriums, shared kitchens, showers, bathrooms, toilets, bike storage rooms, etc. If any parties are thrown in club spaces, the organizer shall decide whether smoking is allowed during the party. The organizer is responsible to air out the space after the party, to dispose of all remaining tobacco, ashtrays, etc. Smoking is only permitted in the designated smoking areas.
§ 9 Common spaces and facilities
Any common spaces and facilities may be used according to their respective purposes, but they are not also let to the Tenant. The right to joint use of spaces and facilities not necessary to access the rented room may be revoked by SWD at any time.
§ 10 Subletting
(1) All subletting (even in part) or transfer for use of the rented room (including free of charge) is prohibited.
(2) In duly substantiated exceptional cases, the Tenant may during his/her temporary absence from the university location and with prior written consent of SWD sublet the rented room to a third party made known to the responsible administrator who is eligible for residency as per the Residence Regulations and Guidelines. The Tenant and the subtenant are responsible as joint debtors for all contractual obligations of the tenancy.
§ 11 Duration and termination of tenancy
(1) The tenancy is as per § 1 General Rental Terms of limited duration and ends upon expiration of the contractually specified period, by termination or termination agreement.
(2) The tenancy commences on the first of a given month and ends on the last day of a given month at 12:00 noon. If the first of the month and thus the begin of tenancy falls on a Saturday, Sunday or a holiday, the rented room will be handed over to the Tenant at the earliest on the first following working day (Monday to Friday). The first month’s rent will not be reduced hereby.
If the last of the month and thus the end of tenancy falls on a Saturday, Sunday or a holiday or 31 December, the rented room will be handed back over to SWD no later than the previous working day (Monday to Friday) during the working hours of the caretaker responsible for the residence. The last month’s rent will not be reduced hereby.
As a general rule, handing over of the rented room to the Tenant at the begin of tenancy or to SWD at the end of tenancy can only take place on working days (Monday to Friday) during the working hours of the caretaker responsible for the residence.
If the Tenant hands over the rented room to SWD before the last working day of the tenancy, the Tenant has no claim to reimbursement of the rent in full or in part.
(3) In substantiated cases, the contract may be extended as per the Residence Regulations and Guidelines of SWD. A relevant application must be on file with SWD at the latest three months before the end of tenancy. The application must contain the reasons for the extension (proofs required) and their duration. Despite the temporal restriction of the tenancy, the Tenant may terminate an agreement in writing at latest by the 3rd working day of a given month for expiry of the following month, if the tenancy does not underrun 12 months, except in cases as per § 3 para. 5 of the General Rental Terms.
(4) Despite the fixed term of the Rental Contract, the Tenant has the right to terminate the tenancy by giving notice in text form no later than on the 3rd working day of a calendar month for the expiry of the following month, if the rental period is not less than 12 months, exceptions are cases according to § 3 para. 5 of the General Rental Terms.
Should the Tenant cancel the tenancy for personal reasons with the intention to move back to a student residence after a short period of time, another tenancy is again possible on the basis of the 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 are eligible for residency. Students who have already lived in a student residence are excluded for 4 months from the date of moving out from reoccupying a student residence room. Under exceptional circumstances, the stated period may be reduced by the executive director of SWD or the head of the accommodation division.
(5) If requested by the Tenant, the tenancy can be canceled after 11 months or an even shorter period of time on the basis of a termination agreement. Subject matter of this agreement is the payment by the Tenant of compensation amounting to a maximum of 300 euro. The termination agreement shall be concluded at latest by the 3rd working day of the month preceding the month of the desired tenancy cancellation. Remuneration is due on return of the rented accommodation. Remuneration is realized 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 SWD. Proof of unenrollment must be handed in to SWD with the contract termination as per the following para. 6. General Rental Terms section 11, paragraph 4, clause 2 also applies in cases like the one mentioned above.
(6) Termination of tenancy due to unenrollment is possible at the earliest at the end of the month in which unenrollment takes effect. Notice of unenrollment and submission of the corresponding certificate must take place at the latest on the last working day (Monday to Friday) in the month before unenrollment takes effect. If notice of unenrollment and submission of the corresponding certificate do not take place until the month in which or after unenrollment takes effect, termination of tenancy is possible only after expiration of the following that in which SWD was informed of unenrollment.
(7) SWD may terminate the tenancy without without observing any period of notice if:
- The Tenant is in arrears two consecutive months with the rent in full or in substantial part;
- The Tenant makes use of the rented room contrary to the terms stipulated in the contract despite being warned by SWD;
- The Tenant has allowed a third party to use the rented room;
- In the event of serious or repeated breaches of the rental contract, the Residence Regulations and Guidelines, the General Rental Terms or the House Rules.
In severe cases of termination without notice, the Tenant is liable for loss of rent until re-rental, limited to the sum of two months’ rent.
(8) SWD asserts an extraordinary right to terminate tenancy should it fully abandon or interrupt management of one or more residences. The period of notice in such cases is three months. In such cases, SWD will endeavor where possible to provide the Tenant with replacement accommodation from among its residences if the Tenant so desires.
§ 12 Obligations upon termination of tenancy
(1) The rented room shall be handed over to SWD upon termination of tenancy fully cleared off all items belonging to the Tenant, with all keys and in a clean and orderly state. The Tenant will otherwise bear the costs for subsequent removal of items, cleaning, replacement, etc.
(2) An appointment for handing over the apartment with its full inventory must be made with the caretaker at the latest five working days in advance. Handover of the rented room shall take place by arrangement during the caretaker’s regular working hours. The Tenant must be present in person during the handover.
(3) If SWD determines upon repossession of the rented room or termination of tenancy that the Tenant has left behind personal items, SWD may re-rent the room and store the Tenant’s items. SWD is also entitled to destroy or dispose of objects of no apparent value and perishable goods. Items put into storage by SWD will become the property of SWD after six months subsequent to termination of tenancy. SWD is liable for damages incurred during storage or due to the Tenant’s failure to clean the room only in case of willful intent or gross negligence. SWD is entitled by exercising its lien as landlord to refuse to return the items until all open claims resulting from the tenancy have been met.
(4) The foregoing paragraphs 1 to 3 apply accordingly to moves between residences of SWD.
§ 13 Decorative repairs and structural changes
(1) The Tenant is obligated to keep the rented room in a state commensurate with normal use. If upon moving out the rented room due to the Tenant’s behavior does not meet the general standards of a habitable condition, SWD may commission necessary decorative repairs at the Tenant’s expense. This also applies if the original paint coat was changed without the consent of SWD.
(2) The Tenant may not make any structural changes; changes to the fittings are prohibited. In terms of the present General Rental Terms, fittings include data cable networks with all active and passive components including sockets and distributors insofar as they are operated by SWD or its contractual partner.
§ 14 Vehicle parking
(1) The Tenant may park his/her vehicle only on the designated parking area.
(2) The rental contract does not guarantee the Tenant the provision of a parking space.
(3) Vehicles and parts of vehicles of all kinds may not be parked or stored within buildings intended for residential purposes or for permanent inhabitance by persons.
(4) Inoperable or unregistered vehicles may not be parked on the premises of the residence. This also applies for parts of vehicles. SWD is entitled to remove such vehicles or parts of vehicles. The Tenant shall bear the resulting costs.
§ 15 Data protection
The Tenant agrees that all personal data necessary for the substantiation and management of the tenancy may be processed by SWD, especially stored, also by means of electronic data processing. The data protection policy applicable to the tenancy in accordance with European guidelines on data protection is available at https://www.studentenwerk-dresden.de/datenschutz/wohnen.html.
§ 16 Information as per the German Act on Alternative Dispute Resolution in Consumer Matters
SWD is neither prepared for obligated to participate in a dispute resolution before a private consumer conciliation body as per the Act on Alternative Dispute Resolution in Consumer Matters.
The Act on Alternative Dispute Resolution in Consumer Matters however requires SWD to refer the Tenant to a competent private consumer conciliation body: General private consumer conciliation body at Zentrum für Schlichtung e.V. Straßburger Straße 8, 77694 Kehl, web: www.verbraucher-schlichter.de