Notes on DEGEWO-Group Rental Agreements Dear Tenant, We are pleased that you have decided to sign a rental agreement with us. Please note that our rental agreements are legal documents written in the official language of German. We have therefore provided some notes in your own language or a different foreign language regarding the rights and obligations of signing a rental agreement under German law. First, we would like to point out that these notes only provide general information, and do not constitute legal advice. The rental agreement is far more comprehensive. If you do not have sufficient knowledge of German, make sure you bring an interpreter with you when you come to sign the agreement. Our employees in the customer centre cannot translate the rental agreement for you. These notes are intended to help form a trusting relationship between the rental parties and to ensure good relations with your neighbours in our buildings. It is important that everyone is aware of their rights and obligations and that everyone complies with the regulations contained in the agreement so that new residents and long-term residents can feel at home with each other. Yours sincerely The DEGEWO Group Notes on the DEGEWO Group Rental Agreement Signing the Rental Agreement By signing the rental agreement, both parties have undertaken a legally binding rental contract regarding the conditions of use of the actual apartment and living space. Under German law, the basic rule applies that “Contracts must be honoured”. This means that if you sign an agreement, you are bound to its conditions and regulations. Documents In order for us to be able to sign an agreement with you, please bring the following documents with you: - Personal ID/passport (copy) - Residence permit, residence status (copy) - Confirmation of no outstanding debts with your current landlord - Proof of income of the last three months (e.g. salary confirmation, pension approval certificate, unemployment benefit etc.) Deposit In order to safeguard the conditions in the rental agreement, a deposit is required, the amount of which is contained in the rental agreement. This deposit is in addition to the agreed rent, and serves as a security if no rent is paid or if you do not carry out repairs to any damage to the apartment. You can pay a deposit in three instalments with the first instalment being paid in cash when you come to sign the rental agreement. The money will be lodged and gain interest in a special bank account for you. If we no longer have any claims from the rental agreement after the agreement has ended, the deposit shall be returned to you after a maximum of 6 months with interest, otherwise we will calculate our claims from the deposit. Rental Parties All tenants must sign the agreement after reading it in their own time or, if necessary, had it translated by an interpreter. Upon signing the agreement, each tenant is obliged to pay the rent including the deposit. If the tenant does not pay rent, they can be sued for payment. The tenant is also responsible for the apartment and anything that happens in the apartment. If several people have signed the rental agreement, they can only give notice together. In this case, notice may only be given with the written approval of the other tenants and the landlord! If one tenant moves out, this does not mean that the agreement has ended, meaning that the tenant continues to be responsible for payment of rent. In addition, all persons who move into the apartment must be registered with the landlord with first name and surname and relationship to the tenant. If a tenant or other residents move out of the apartment again, this must also be made known to the landlord. Notes on the DEGEWO Group Rental Agreement Content of the Rental Agreement The agreement obliges the landlord to provide the tenant with use of the apartment and living areas. The tenant must only use this area for living purposes. The apartment must neither be used as a storage area or as commercial premises or for any other job-related activities, unless otherwise specified in the agreement. Rental payment The tenant must pay rent including advances on services costs and the deposit. The agreed rent with the advances on services costs must be paid by the 3rd of each month to the landlord’s bank account provided in the agreement. The advances on services costs shall be calculated each year. The deposit must be paid in accordance with the conditions stipulated in the rental agreement. During the period of the rental agreement, the amount of rental payment may be increased. This may be the case for example if the advances on services costs increase or if a rent rise was agreed in the rental agreement in the form of a scaled rent increase. In order to ensure punctual payment of rent, it is easiest for both parties if you sign the direct debit authorization attached to the rental agreement. You can cancel this direct debit authorization at any time. Rental period The rental period is open-ended: this means that it can only be ended by giving notice. The notice is only valid if it has been signed by all tenants (that is, people who are mentioned in the rental agreement). Some Rules of Use The rules of use for rental properties are extensively covered by the General Agreement Conditions and the House Rules. These are just examples of some particularly important rules: In the interests of consideration for other neighbours, noise must be avoided at all times, in particular, loud door banging and music or TV at high volumes. During quiet periods from 13:00 to 15:00 and 22:00 to 06:00, quiet must be observed throughout the building. Music may not be played during these periods. Before you buy a pet, please talk to the person in charge, because keeping animals normally requires prior written approval from the landlord, sometimes with certain conditions. If you leave your apartment for long periods (longer than 3 days), make sure that the landlord can enter your apartment in the case of an emergency. Provide a second Notes on the DEGEWO Group Rental Agreement key to the caretaker, a neighbour or someone else whose name, address and contact number must be supplied to the landlord. Bicycles, mopeds, prams etc. must only be stored in the allocated areas. The living spaces must be ventilated regularly, at least twice a day (morning and evening). Make sure that the opened windows and doors cannot bang shut. It is not permitted to light barbeques or fires on the balconies. Structural changes to the apartment must only be carried out with prior written approval of the landlord. The landlord may attach certain conditions to the approval or decline the request. The tenant is obliged to use the existing common antennae or the cable connection. It is strictly forbidden to install your own antennae or satellite dishes since the existing antennae or cable connections generally allow radio or televisions programmes to be received in the native language of the tenant. Repairs The tenant is obliged to carry out home improvements. These repairs comprise painting, whitewashing or wallpapering walls and ceilings, coating floors and painting the insides of window frames, painting doors, heating equipment and supply pipes and any other paintwork in the rented rooms including fixed furniture. The home improvements must be carried out regularly in a professional manner according to the purpose and style of the rented accommodation if the appearance of the living spaces is declines through use. In general, this should be carried out in the following time frames: -kitchens, bathrooms, showers every 3 years -living rooms, bedrooms, corridors, hallways and toilets every 5 years -all other areas every 7 years Doors, windows, heating equipment, supply pipes and fixed furniture should be painted or coated generally every 6 years. If some repairs are still pending after the rental agreement has ended, a sum of money must usually be paid by the tenant agreed in the rental agreement if the tenant does not wish to carry out these repairs personally. Ending the Rental Agreement Notice The rental agreement is ended by giving notice in writing. At the moment, the following legal notice regulations apply: For tenants: Notice must be given by at least the third working day of a calendar month valid to the end of the following month. The tenant therefore has a three Notes on the DEGEWO Group Rental Agreement month notice period if the notice is given on the third working day of the month to the landlord. The tenant remains liable to pay rent up until the end of this period even if the tenant vacates the property. The same notice period applies to the landlord. However, after five and eight years’ rental period, the notice period is extended by a further three months each, which means that the landlord can give a maximum notice period of nine months. In contrast to the tenant, who can give notice at any time without reason, the landlord can only give notice with a justifiable reason. In addition, the landlord has other possibilities of providing notice, which may be used if you breach the conditions agreed in the rental agreement, for example, late or non-payment, persistent loud noise, or failure to observe other house rules. It is therefore important that you read the house rules and the general conditions in the rental agreement thoroughly. Return of Rental Property When you hand in your notice, you will agree an inspection date with the landlord. On this date, the landlord will confirm in writing whether the property has been returned in an acceptable condition or whether the tenant must still carry out certain repairs. These measures must have been carried out by the end of the notice period and the apartment must have been cleaned and returned to the landlord with all keys.
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