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General Terms of Tenancy Agreement

Terms and Conditions of Tenancy - AMB 06/24

Dresden, June 2024

Important!

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 Eligibility for residence

(1) Eligibility for residence in the student (residence) halls of the Studentenwerk (Student Services Organisation) Dresden (hereinafter referred to as SWD) is governed by the ‘Regulations and Guidelines for the student (residence) halls of the Studentenwerk Dresden’ in its current version.

(2) The tenant is obligated to submit a certificate of enrolment to the SWD for the current semester - by November 30th of each year for the winter semester and by May 31st of each year for the summer semester- without being prompted to do so. If the Tenant fails to produce a certificate of enrolment even after the SWD has issued a reminder with a deadline, the rental agreement may be terminated without notice.

(3) The tenant is obligated to notify the SWD immediately of a loss of residence eligibility (de-registration/exmatriculation) and simultaneously terminate the rental agreement according to § 11, paragraph 6.

(4) The right of residence expires, in all cases, upon the end of the contract duration agreed upon in the rental agreement.
The tenant acknowledges that there is a legitimate interest in the agreed-upon duration limitation of the rental agreement because, due to the limited number of places available in the student (residence) halls, a state-subsidized place in the student (residence) halls (indirect state subsidy) should be made available to as many students as possible through a rotation principle.

(5) In case of doubts regarding eligibility for residence, the SWD is entitled to request further proof from the tenant. In particular, the SWD may require students (if there are indications that they are no longer studying according to the rules, have completed their studies or are predominantly employed) to provide credible evidence of their continued entitlement to accommodation by means of suitable proof, including, if necessary, an affidavit.

§ 2 Rent payment

(1) Rent payment must be made monthly by the end of the 7th business day of the current month for the current month. The payment shall be made via direct debit on the basis of a SEPA Direct Debit Mandate to be issued to the SWD, which cannot be revoked for the duration of the rental agreement. Any changes to bank account details must be communicated to the SWD in writing by the last business day of the previous month.

(2) If the direct debit cannot be processed due to a reason attributable to the tenant, the tenant must also bear any bank costs incurred by SWD as a result. This also applies in the event that the rent for the current month cannot be debited from the account specified in the SEPA Direct Debit Mandate.

(3) In the event of a second reminder, the tenant must pay the reminder fees as specified in the table of fees and compensation for expenses of the SWD.

§ 3 Rent amount, Internet access

(1) The SWD calculates the total rent amount in such a way that it covers the share of the rented property in the running costs for the student (residence) hall or for the economic unit consisting of several student (residence) halls in which the rented property is located.

The total rent amount consists of a rent component based on the value of the living space, the flat-rate allocations and, if applicable, other fixed amounts (e.g., parking space). The rent component based on the value of the living space includes ongoing expenses in the sense of § 18 para. 1 ff. II. BV, insofar as they are not operating costs in the sense of the provisions of the BetrKV. The flat-rate allocation is calculated by dividing the total expenses of the respective student (residence) hall among the standard places in the student (residence) hall.

(2) In the student (residence) halls where the SWD offers a separate internet connection and operates the student (residence) hall networks itself, the access is included in the rent. In order to use (activate) the Internet access in the respective rental property, a separate usage agreement is required with SWD on the basis of the applicable terms of use.

(3) An increase in the rent component based on the value of the living space is permissible based on the established and approved business plan according to § 111 para. 3 no. 3 and sentence 2 of the Saxon Higher Education Act, or its confirmed supplement or amendment.
The tenant is required to pay the increased rent from the first day of the following month, if the SWD has notified them of the increase in writing by no later than the fifteenth day of the previous month.

(4) If the actual expenses incurred by the SWD in the previous year for the student (residence) halls/business unit, including the total costs for electricity consumption (actual), deviate significantly upwards or downwards from the planned expenses for the previous year and allocated on a flat-rate basis to the individual rented units, including the total costs for electricity consumption (target), the SWD will adjust the flat-rate allocation for each rented unit accordingly. Simultaneously, the budgeted amount for the current year is factored into the calculation. If the expenses, including the total costs for electricity consumption, are greater than the highest of the two comparative values of the previous year (target / actual), due to the announced price increases, the corresponding difference will be reflected in the billing. Tenants will be informed in of the adjusted flat-rate allocation for their rental unit in writing by April 15th ,if possible. This adjusted flat-rate allocation will apply from May of the current year until the next adjustment. If the notification from the SWD is delayed, the adjusted flat-rate allocation will only apply at a later stage, meaning that if the notification is made by the 15th of any subsequent month, it will apply from the respective following month.

(5) For tenancies of twelve months or less, a surcharge of €12 for unrenovated and €15 for renovated student (residence) halls will be charged. The surcharge does not apply if there has already been a continuous tenancy for at least 12 months and the tenancy has not been interrupted for more than six months at any given time.

§ 4 Security deposit

(1) Before the rental property is handed over, the tenant must pay the security deposit, the amount of which is specified in the rental agreement, into a bank account to be specified by the SWD or at the SWD’s main cash desk. Explicit reference is made to § 551 Para. 2 BGB.

(2) The Tenant is not directly entitled to interest from the security deposit payment. Any interest is credited to the student (residence) halls as income and thus has a cost-reducing effect on the rent.

(3) The tenant cannot offset the security deposit against claims of the SWD for the duration of the rental period. The security deposit will be used to settle any outstanding claims of the SWD against the tenant that are still outstanding after the end of the rental period.

(4) After the tenant has moved and the rental property has been handed over, the SWD will transfer the security deposit or any unutilized portion of it into a bank account to be specified by the tenant before the tenant moves out. Any bank fees incurred for international transfers shall be borne by the Tenant. If the tenant does not specify a bank account, the transfer will be made to the last account known to the SWD for the purpose of debiting the rent. The return of the security deposit will occur within approximately 10 weeks after the expiry of the rental agreement, to allow time for the review of any potential claims. If the SWD is able to assert claims against the tenant, the return of the deposit will be made after all costs for damage repairs (e.g., invoices from third-party companies) have been settled.

(5) Explicit reference is made to § 11 Para. 5 AMB.

§ 5 Liability

(1) The SWD is only liable for damages incurred by the tenant and, as applicable, their guests and relatives if the SWD is legally responsible for those damages.

(2) The tenant is liable for any damages to property managed by the SWD that are caused by a breach of the tenant’s duty of care.
In the same way, the tenant is liable for any damages caused by, as applicable, their guests and relatives. The burden of proof to demonstrate that no fault exists lies with the tenant.

(3) For any lost or damaged items of inventory, the tenant must pay the SWD compensation in the amount of the replacement value or the actual repair costs.

§ 6 Declarations of intent, announcements from the landlord

(1) Declarations of intent by the Tenant must be sent in writing to the registered office of the SWD, location as indicated by the landlord’s stamp on the rental agreement.

(2) Declarations of intent by the SWD will be considered received by the tenant, upon delivery to the Tenant's letterbox in the student (residence) hall in accordance with the rental Agreement.

(3) If the tenant is absent from the university location for several weeks, the tenant may inform the SWD of their temporary address in writing. If such a notification is provided, the SWD will send declarations of intent to the temporary address of residence upon receipt of the notification.

(4) The SWD may inform all tenants or groups of tenants by posting notices on notice boards or other publicly accessible locations. The tenant is obligated to observe the notices on a regular basis. SWD may also provide information via the e-mail address provided by the Tenant. The tenant is obligated to check their e-mail inbox on a regular basis, to be observe electronic communications from the SWD on a regular basis and to inform the SWD of any changes to their e-mail address.

§ 7 Moving in and moving out

(1) The condition of the rented property at the time of handover is recorded on the inventory list, which must be signed by both parties.

(2) A move at the request of the tenant must be applied for in the form specified by SWD. In connection with the authorisation of such a move, the SWD will charge the Tenant an administrative fee in accordance with the table of fees and compensation for expenses of the SWD.
Any unauthorised change of accommodation constitutes a breach of contract.

§ 8 Tenant obligations

(1) The tenant must handle the rental property with care and take reasonable measures to prevent any damage. The tenant should contribute to a positive general living atmosphere through their overall behaviour. Further details are specified in the house rules.

(2) The tenant must notify the caretaker immediately of any defects or damage. If damage is not reported or not reported in a timely manner, the tenant is liable for any consequential damage even if the tenant was not responsible for the original damage.

(3) The Tenant must tolerate access to the rented premises during regular working hours for the purpose of necessary maintenance work, structural changes and pest control measures or actively object to such access. SWD must announce planned work in advance. This does not apply in the event of imminent danger.

§ 9 Rooms and facilities for communal use

Rooms and facilities that are not included in the rental agreement but are available for communal use may be used in accordance with their respective purpose. The right to use rooms and facilities that are not necessary for accessing the rental property can be revoked by SWD at any time. The use of communal rooms and facilities is regulated by the house rules.

§ 10 Transfer of the Rental Property to Third Parties

(1) Any (even partial) subletting or other (even gratuitous) transfer of use of the rental property to third parties is generally prohibited.

(2) In justified exceptional cases, the tenant may, with the written consent of the SWD, sublet the rented property, during the tenant's temporary absence from the university location to a third party who is authorised to live in the rented property in accordance with the Regulations and Guidelines. The tenant and the subtenant are jointly and severally liable for all contractual obligations arising from the rental agreement.

§ 11 Duration and termination of the tenancy

(1) The duration of the tenancy is always limited in time due to § 1 AMB and ends at the end of the contractually agreed upon period, by termination or by cancellation agreement.

(2) The tenancy always begins on the first day of the month and always ends on the last day of the month at 12:00 noon. If the start of the tenancy falls on a Saturday, Sunday, or public holiday, the handover of the rental property to the tenant will take place no earlier than the following working day (Monday to Friday) during the working hours of the caretaker responsible for the property. This does not reduce the first month's rent.
If the last day of the month, and therefore the end of the tenancy, falls on a Saturday, Sunday, public holiday, or on December 31st, the handover of the rental property to the SWD will take place no later than the last preceding working day (Monday to Friday) during the working hours of the caretaker responsible for the property. This does not reduce the last month's rent.
In general, the handover of the rental property to the Tenant at the start of the tenancy and the return of the rental property to the SWD at the end of the tenancy only take place on working days (Monday to Friday) during the office hours of the caretaker responsible for the rental property.
If the tenant voluntarily returns the rental property to SWD before the last working day of the tenancy, the tenant is not entitled to a partial or full rent refund.

(3) In justified cases, a contract extension is possible in accordance with the Regulations and Guidelines for the Studentenwerk's student (residence) halls. A corresponding application must be submitted to the SWD no later than three months before the end of the tenancy. The application must state the reasons for the contract extension (evidence is required) and must specify the duration of the extension.

(4) Despite the fixed term of the tenancy agreement, the tenant is entitled to terminate the tenancy agreement by means of a declaration in writing no later than the 3rd working day of a calendar month for the end of the following month, provided that the rental period is no less than 12 months, with the exception of cases in accordance with Section 3 (5) AMB.
If the tenant terminates the tenancy agreement for personal reasons, with the aim of moving back into the student (residence) hall after a short period of time, a new tenancy is possible on the basis of the Regulations and Guidelines. However, there is no entitlement to the re-occupation of the same room that was used before the termination. Vacancies created by those moving out will be rented to eligible students without limitations. For students who have previously lived in the student (residence) hall , there is a waiting period of four months between moving out and moving back in. In justified exceptional cases, this period may be shortened by the managing director of SWD or the head of the Student Housing Department.

(5) At the request of the tenant, the tenancy can be terminated after 11 months or less through the conclusion of a termination agreement. The termination agreement generally requires the tenant to make a compensation payment of up to €300. The termination agreement must be concluded no later than the third working day of the month preceding the month in which the tenancy is to end. The compensation payment is due upon the return of the rental property. The compensation payment will be deducted from the security deposit, notwithstanding any rent and security deposit arrears of the tenant and notwithstanding any obligations of the tenant to pay for any damages to the rental property.
The tenant is not required to make a compensation payment as described above if the termination of the tenancy is due to special circumstances of the individual case or if the tenancy was contractually limited from the outset due to such circumstances. A special circumstance in the above sense is always given if the tenant is de-registered (exmatriculated) without re-enrolling at one of the educational institutions located at the respective location and assigned to the SWD. Proof of de-registration must be submitted to the SWD with the termination in accordance with the following paragraph 6. § Section 11 (4) sentence 2 ff AMB also applies analogously in cases such as the above.

(6) In principle, termination due to de-registration (exmatriculation) is possible at the earliest at the end of the month in which the de-registration takes effect. The notification of de-registration and the submission of the corresponding certificate must be made no later than the last working day (Monday to Friday) before the month in which the de-registration takes effect. If the notification of de-registration and the submission of the corresponding certificate only take place in the month in which the de-registration takes effect or only after de-registration has taken place, termination is only possible at the end of the month following the notification of de-registration to the SWD.

(7) The SWD can terminate the tenancy without notice:

  • if the tenant is in arrears with the rent for two consecutive months, either in full or for a substantial part of the rent,
  • if the tenant uses the rented property in breach of the contract despite a warning from the landlord, in particular if the tenant has made the accommodation available to a third party without authorisation,
  • if there are serious or repeated violations of the rental agreement, the regulations and guidelines, the AMB, or the house rules.

In the event of a termination without notice, the tenant is liable for the loss of rent until a new tenant has entered into a rental agreement for the accommodation unit, but not exceeding an amount of two months' rent (rent proportion based on living value).

(8) The SWD has a unique right of cancellation if it either wholly or partially discontinues or suspends the management of one or more student (residence) halls. In such cases, the notice period is three months. In cases such as the above, the SWD will make every effort, depending on availability, to provide the tenant with alternative accommodation from its stock of student (residence) halls, if the Tenant so wishes.

§ 12 Obligations after termination of the tenancy

(1) Upon termination of tenancy, the rental property must be handed over to the SWD completely cleared of all objects and personal belongings brought in by the tenant, with all keys and in a clean and orderly condition. Failure to do so will result in costs of removal, cleaning, replacement, and other related expenses for which the tenant is liable.

(2) The time of the handover must be arranged with the responsible caretaker at least five working days in advance. The handover will take place during the caretaker’s working hours at the agreed upon time. The tenant is obligated to be present in person for the handover.

(3) If the SWD discovers during the handover or after the termination of the tenancy that the tenant left behind belongings of any kind, the SWD may re-occupy the accommodation unit and keep or store the items left behind by the tenant. The SWD is also entitled to destroy or dispose of any perishable items or items of no recognisable value. Items stored by the SWD will become property of the SWD six months after the end of the tenancy. The SWD is only liable for damages incurred during storage or due to failure to remove items from the property in cases of intentional misconduct or gross negligence. The SWD is entitled to withhold the return of items until any outstanding claims from the tenancy are settled, exercising its landlord's lien rights.

(4) The above paragraphs 1 to 3 apply accordingly to moves within the SWD student (residence) halls.

§ 13 Cosmetic Repairs and Structural Changes

(1) The tenant is obligated to keep the rental property in a condition corresponding to normal use at all times. If, due to the tenant's behaviour, the rental property is not in a generally habitable condition when the tenant moves out, the SWD may have necessary cosmetic repairs carried out at the tenant's expense. This also applies if the original colour scheme and paintwork was changed without the approval of the SWD.

(2) The tenant is prohibited from making structural changes to the rental property. Further details are specified in the house rules.

§ 14 Keys

(1) The tenant will be provided with keys for the duration of the rental period (see inventory list). These keys are part of a master locking system for which a master key exists. In cases of emergency, the SWD or an authorized representative may enter the rental property without prior notice and even in the tenant's absence. If the tenant is not present at a scheduled appointment in accordance with § 8 (3) and has not actively objected to the appointment, SWD or an authorized representative may enter the property in accordance with the announcement.

(2) If a key is lost or not all keys can be returned to SWD when the tenant moves out, the SWD is entitled to replace or change the relevant keys and all associated locks at the tenant’s expense.

(3) A cost reimbursement for recovered keys will be provided to the tenant only up to three months after the loss during the tenancy or after the tenant moves out, but only until a new tenant has entered into a rental agreement for the accommodation unit, but for no longer than three months from the end of the tenancy. No reimbursement will be provided for transponder locking systems or keys that cannot be reused (e.g., due to damage).

(4) The tenant is not authorized to replace or supplement locks installed by SWD with their own.

(5) Unauthorised duplication of keys, installation, conversion, removal or destruction of locks is prohibited. House keys must not be given to third parties.

§ 15 Fees and compensation for expenses

The table of fees and compensation for expenses published on the SWD website https://www.studentenwerk-dresden.de/english/wohnen/gebuehrenundaufwandsersatzpauschalen.html applies.

§ 16 Data protection

(1) The tenant agrees that all personal data required for the establishment and management of the tenancy may be processed and stored by SWD, including through but not limited to electronic data processing systems.
The data protection notice applicable to the tenancy in accordance with the the European General Data Protection Regulation can be found at https://www.studentenwerk-dresden.de/english/datenschutz.html.

§ 17 Information According to § 36 Consumer Dispute Resolution Act (VSBG)

The SWD is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz - VSBG).
However, the Consumer Dispute Resolution Act requires the SWD to inform the tenant of the relevant consumer arbitration centre: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Straß- burger Straße 8, 77694 Kehl, Internet: www.verbraucher-schlichter.de