General terms of conditions
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English reading help: GENERAL TERMS AND CONDITIONS OF RENTAL for STUDENT RESIDENTIAL HOUSING
§ 1 Representation of the landlord
The Studierendenwerk Rostock-Wismar as the landlord is represented by the managing director or by an employee appointed by him.
Insofar as gender-neutral formulations are not used in these terms and conditions of tenancy, the text applies equally to women, men and diverse persons.
§ 2 Entitlement to Residence / Period of Residence
- The guidelines for the allocation of places in halls of residence in the Rostock-Wismar Student Union, as amended from time to time, shall apply.
- Duly enrolled students of the following universities are eligible for accommodation:
University of Rostock
Rostock University of Music and Theatre
Wismar University of Applied Sciences - University of Applied Sciences for Economics, Technology and Design, affiliated study programmes of the Wismar University of Applied Sciences.
- The same semester times apply to students of the affiliated degree programmes as to the degree programmes of the respective university. A deviation does not justify a claim for premature termination of the tenancy agreement.
- A tenancy agreement is only validly concluded if a valid certificate of enrolment from the above-mentioned university is submitted at least 2 (two) weeks before the desired start of the tenancy. Until then, the room is considered reserved.
- The entitlement to accommodation ends at the end of the semester in which the de-registration is pronounced. Special notification obligations apply in accordance with § 2 point 8 of these General Terms and Conditions of Tenancy.
- In case of an approved extension of the tenancy, the tenant shall be obliged to hand over a valid certificate of enrolment to the landlord by 15.04. (Wismar University of Applied Sciences and affiliated degree courses by 15.03.) and by 15.10. (Wismar University of Applied Sciences and affiliated degree courses by 15.09.) of each year without being requested to do so. If this is not done even after a reminder from the landlord, the tenant must pay an additional fee of EUR 55 per month from the following month until the end of the semester. After the end of the semester in which no proof of eligibility to study has been provided, the tenancy agreement will not be extended. If no proof of eligibility for accommodation can be provided, the landlord also has the option of termination without notice in accordance with Section 543 (1) of the German Civil Code (BGB) for good cause.
- The rented rooms are let to the tenant only for temporary use for the special purposes of study. The special features of § 549 Para. 3 BGB (German Civil Code) apply to the letting of student halls of residence. In accordance with the rotation principle, the letting is only for a limited period of time.
- The tenancy agreement ends on expiry of the date stated in the tenancy agreement without the need for notice of termination.
- The tenant is obliged to notify the landlord of the termination of his/her studies, for whatever reason, within a period of 8 (eight) weeks to the end of the month. The discontinuation of the right to reside shall not constitute a right of termination for the tenant or a claim for cancellation of the contract vis-à-vis the landlord before the end of the semester in which the right to reside ceased to exist.
- If the tenant is unable to provide proof of study even after a warning or fails to submit this to the landlord in due time, the rent shall automatically be increased by a surcharge of EUR 55. This amount must be paid by the tenant from the month following the warning until the end of the current semester.
- Any continuation of the tenancy must be applied for. The application must be submitted at least three months before the expiry of the tenancy agreement. The continuation of the tenancy is again only possible for a limited period of 2 semesters at the respective valid conditions of the Studierendenwerk and will only be granted if a certificate of study can be presented and there are no other important reasons against an extension of the tenancy. An important reason for not allowing the extension exists if:
- the person has already lived in the residence for more than five years. (Compliance with the rotation principle).
- the person has attracted attention due to persistent payment arrears or a notice of termination without notice issued due to outstanding rent arrears.
- the person has been given at least two warnings for violating the house rules.
- no current certificate of study is available.
- There shall be no legal claim to a continuation of the tenancy. A tacit extension of the tenancy after termination through continued use is excluded, § 535 BGB is waived in this respect.
- It is pointed out that according to § 549 para. 3 BGB, §§ 557-561, 573, 573a, 573d para. 1, 575, 575a para. 1, 577 and 577a BGB do not apply to living space in student halls of residence.
§ 3 Rent
- The rent in accordance with the tenancy agreement shall be paid by the tenant monthly in advance, no later than on the 10th working day of the month.
- Tenant and Landlord agree that the monthly rent shall be paid by direct debit. The Tenant shall grant the Landlord a corresponding revocable Sepa direct debit mandate as a direct debit authorisation. In case of impracticability of the direct debit mandate, the Tenant shall bear the resulting bank chargeback fees. The Lessor is entitled to charge a reminder fee of € 2.50 for the 1st reminder, € 5.00 for the 2nd reminder and € 8.00 for the 3rd reminder. A second debit attempt will not be made by the landlord. The tenant shall then transfer the arrears to the landlord's account, stating the rental number.
Name of the bank: HypoVereinsbank Rostock
Address: Kuhstr. 1 , 18055 Rostock
IBAN: DE42 2003 0000 0638 6359 20
BIC (SWIFT-Code) : HYVEDEMM300
- The rent is a flat-rate total rent for warm goods which includes at least the components net cold rent, heating costs, operating costs in accordance with the 2nd Operating Costs Ordinance of 25 November 2003 and other components. The landlord is entitled to unilaterally reset the rent at regular intervals during the term of the contract by means of a written declaration. As a rule, this shall take place on 1.8. of a year. The landlord shall notify the tenant of the change in rent in text form. The new rent shall be owed in the changed amount as of the following month.
- The tenant may only offset the rent claim or assert a right of retention if it is a claim for damages due to non-fulfilment of the landlord's obligations (§ 536a BGB).
§ 4 Rental security/deposit
- The tenant is obliged to pay a deposit per bed place in the amount according to the concluded tenancy agreement. Payment of the security deposit shall generally be made by direct debit with the first month's rent or may be paid in three equal instalments by separate agreement in accordance with Section 551 (3) sentence 5 of the German Civil Code (BGB). The first instalment is due at the beginning of the tenancy. The other instalments shall fall due together with the immediately following rent payments.
- The exemption of the landlord from the payment of interest results from section 551 subsection 3, sentence 5 BGB.
- The tenant may not set off the security deposit against claims of the landlord during the term of the tenancy unless the claim is undisputed or has been finally determined by a court of law.
- The security deposit shall be returned to the landlord after termination of the tenancy. After termination of the tenancy, the security deposit shall be set off by the landlord against all claims of the landlord against the tenant arising from the tenancy.
- The security deposit or the parts of the security deposit that have not been offset shall be transferred to the tenant no later than 8 (eight) weeks after the end of the tenancy agreement or after the last rent payment and the proper return of the rented property to an account to be named by the tenant.
- In the case of bank transfers abroad, the lessor is entitled to deduct the bank charges incurred.
§ 5 Early termination of the tenancy agreement
- Early termination by the tenant is early termination by the tenant is only possible in written form and signed by hand. Special notice periods apply:
- Termination with a notice period of 8 (eight) weeks to the end of the month, if exmatriculation certificate can be presented.
- Cancellation with a notice period of 4 (four) weeks to the end of the month if a tenancy agreement has been concluded with a new tenant who is suitable according to the allocation guideline and who immediately follows the tenancy to be terminated. This person must be entitled to live there and may not already live in one of our halls of residence (relocation). The landlord decides whether the person is suitable as a new tenant on the basis of the allocation guideline. In the case of same-sex flat-sharing communities, only the same sex may become a new tenant.
- A fee of currently EUR 30 shall be charged in accordance with the catalogue of fees and services.
- Early termination of the tenancy by the landlord is possible if the landlord can no longer reasonably be expected to continue the tenancy due to substantial or continuous breach by the tenant. Notice of termination of the tenancy must be given in writing no later than on the 3rd working day of a calendar month for the end of the month after next.
§ 6 Termination of the tenancy without notice
- The landlord may terminate the tenancy without notice if
- the tenant is in arrears with the payment of the rent or a not insignificant part of the rent for two consecutive dates, which in the case of residential premises shall be understood to mean an arrears of rent of more than one month's rent, or is in arrears with the payment of the rent in a period extending over more than two dates in an amount equal to the rent for two months;
- the study certificate/residence permit has not been submitted by the tenant without being requested to do so and, despite a reminder, the deadline for submitting it subsequently has expired or cannot be definitively proven;
- the tenant, notwithstanding a warning by the landlord, continues to use the rented property in breach of the contract, substantially infringes the rights of the landlord or leaves the rented property to a third party without authorisation;
- the tenant culpably violates his duties to such an extent despite a warning, in particular disturbs the peace of the house so persistently or fails to comply with his duty of care to clean the rented property that the landlord cannot reasonably be expected to continue the tenancy;
- the Tenant is in arrears with the rent security/deposit pursuant to Section 551 of the German Civil Code (BGB) in an amount equivalent to twice the monthly rent;
- in addition, the statutory extraordinary grounds for termination shall apply.
- Termination of the tenancy without notice is possible by the tenant if the statutory extraordinary grounds for termination exist.
§ 7 Handover of the rental object - other obligations
- As a rule, the handover of the rental object shall only take place from Monday to Friday in the period from 9:00 to 15:00. If the start of the contract falls on a public holiday, Saturday or Sunday, the handover shall not take place until the following working day, in which case the start of the contract shall be amended. There is no entitlement to a reduction in rent in this respect.
- When the rented property is handed over to the tenant, the current condition and the completeness of the rented inventory shall be determined by an agent of the landlord. For this purpose, the tenant shall receive a move-in or handover report by email. If there are no additions or objections to the protocol within 4 (four) weeks, it shall be deemed accepted.
- Upon handover, the tenant shall be given one key per tenant, in the case of single flats one key and in the case of shared flats (WG's) one key per tenant. The tenant is obliged to keep the keys to the rented or shared rooms carefully, not to make them accessible to unauthorised persons and to inform the landlord immediately of the loss of a key. If the locks to which a key has been lost are part of a locking system, the Landlord shall also be entitled to replace all locks of the locking system with new ones if the security of other persons concerned cannot be guaranteed otherwise. Replacement locks or keys shall be procured exclusively by the Lessor. The Tenant shall be obliged to compensate the Landlord for all expenses incurred in this respect.
- The tenant shall remove the items brought in by him/her from the rented rooms or the hall of residence after the end of the tenancy.
- In addition, the tenant accepts the currently valid version of the house rules, which can be viewed in writing upon moving in, as a notice in the building or on the landlord's website.
§ 8 Transfer of the rented property to third parties
The Tenant is prohibited from subletting or transferring the use of the rented premises to third parties, even in part. The same shall apply to the admission of third parties to the rooms occupied by the Tenant. Violations entitle the landlord to terminate the lease without notice after prior warning. In the event of proven commercial or otherwise paid or commercial subletting, the landlord shall be entitled to immediate termination without notice.
§ 9 Keeping Pets
If the tenant wishes to keep pets, he/she must always inform the landlord in advance of acquiring or moving in. The tenant may only keep pets with his consent. Exceptions to this rule are small animals such as ornamental fish, ornamental birds, hamsters and turtles of non-poisonous species. Consent must be refused or may be revoked if the animals cause a nuisance to other residents or neighbours or if there is a risk that the statics of the building, components of the hall of residence or the rented property itself will be impaired.
§ 10 Return of the rental object
- the rented property must be returned by the tenant to the landlord by 10 a.m. at the latest on the last working day before the end of the contract. The weekdays from Monday to Friday count as working days. It is not possible to move in or out on weekends and public holidays. If the tenancy ends on such days, the tenant must move out on the last preceding working day at the latest. If the tenant returns the rented property prematurely, the rent shall nevertheless remain due until the end of the contract.
- The proper return of the rented property requires a preliminary inspection with the Lessor's representative at the latest 4 (four) weeks before the end of the rental period.
- During the preliminary inspection, the Landlord's representative shall inform the tenant moving out about the necessary requirements for a proper return and refer to the currently valid catalogue of charges (also available on the homepage). The inspection of the room to be carried out during the preliminary acceptance serves in the interest of both parties to determine the defects or damages or wear and tear exceeding the contractual use. Insofar as defects or damage are present, the time until the end of the tenancy agreement shall be deemed to be the period for the fulfilment of this obligation. The preliminary acceptance enables the tenant to rectify the defects. If he does not take advantage of this, the right to rectification shall lapse. Rectification after the end of the contract is not possible in the student residence.
- Special rules apply for the final acceptance in the hall of residence. Please refer to the information sheet on moving out. A deadline for rectification is only possible within the rental period.
- For the proper return, the tenant will receive an information sheet on moving out in advance, which contains a checklist of the work to be done as well as the catalogue of services and fees by e-mail. The items listed on the checklist must be fulfilled as a minimum. When moving out, the person moving out is always responsible for cleaning and clearing the bathroom, kitchen and hallway in the shared flat. The information on moving out can also be found on the landlord's homepage. If individual points are not fulfilled or if inventory is missing, the tenant has to bear the costs according to the fee catalogue.
- The tenant shall hand over the rented property to the landlord, among other things, completely cleared of its belongings and cleaned, in a reoccupiable condition with complete inventory, functioning light bulbs and with all associated keys. The rented property must be returned in the condition described on the move-in report. As a rule, the landlord hands over renovated and cleaned rooms. Any features deviating from this shall be noted on the move-in protocol.
- The documentation of the return takes place exclusively on the final acceptance protocol, which the tenant receives by e-mail after it has been carried out. If no additions or objections to the protocol are received 2 (two) weeks after the protocol has been drawn up, the deposit settlement will be made on the basis of the protocol.
- The tenant shall be liable to the landlord for all costs/damages incurred by the landlord due to an eviction or delayed return of the rented property, in particular also for the costs of an alternative accommodation of the tenant newly determined by the landlord which has become necessary. With regard to the leased property, the tenant shall be obliged to pay compensation in the amount of one full month's rent for each month or part thereof until the leased property has been completely vacated and returned. Further claims for damages shall remain unaffected.
§ 11 Change of the place of residence
- A change of the allocated place of residence is only possible in exceptional cases upon written application. Moves within a floor, a hall of residence or a residential complex are not permitted.
- An overlap of the old tenancy agreement with the new tenancy agreement is to be planned in any case for the organisation of the move. This will result in a double rent payment.
- The tenancy agreement to the previous room must be terminated by the tenant.
- The tenant has no right to be allocated the desired room in the hall of residence.
- The above regulations do not apply to moves arranged by the Landlord.
§ 12 Maintenance of the rented rooms, alterations, liability for damage
- The tenant shall compensate the landlord for any inventory parts and keys that are lost or damaged during the rental period.
- During the rental period and at the latest when moving out, the tenant is responsible for the replacement of lamps.
- The tenant is obliged to clean the living space and the rooms belonging to the living area regularly in a sufficient manner, to ventilate them and to keep them free of vermin. The tenant shall use the rented property in such a way that causes of pest infestation are excluded. Pest control measures of the landlord shall be supported in the necessary manner (e.g. preparation and subsequent cleaning of the accommodation units). If the landlord recognises that the infestation was culpably caused by the tenant, the tenant shall be obliged to compensate for the damage.
- The tenant is responsible for the maintenance and cleaning of balconies that are directly assigned to the room. This includes the removal of debris, vegetation and moss growth as well as the cleaning of the balcony parapet, drainage channels and the floor covering. In the case of balconies assigned to the shared apartment, the aforementioned tasks are carried out by the community. In the event of damage to the balcony, the tenant or the tenants' association shall be liable to the landlord accordingly.
- In addition, the tenant shall be liable for damage to the house and to common facilities, insofar as such damage is caused by him, by a person belonging to the household, relatives, visitors or vicarious agents, insofar as they have entered into a relationship with the rented property at the instigation of or with the consent of the tenant. The duty of notification pursuant to paragraph 3 shall apply accordingly.
- The unattended charging of batteries (telephones, e-bike batteries, etc.) is not permitted in the buildings of the lessor. The tenant assumes liability for any damage resulting from this.
- The tenant shall immediately report any damage or pest infestation in the room and/or in the flat and/or separately assigned cellar compartment to the landlord via the internal dstudent hall portal as a damage report. The tenant shall be liable to the landlord for any culpably omitted or belatedly declared notification pursuant to Section 536c (2) BGB. The same applies to a culpably incorrect notification.
- The tenant is obliged to ensure sufficient heating of the rented property during the heating period (October to April) even in his absence. If he culpably fails to do so and this results in damage to the rented property, he shall be obliged to compensate the landlord for the resulting damage. Windows must be closed completely when the tenant is absent.
- Maintenance of the building, including the common rooms, is the responsibility of the landlord. The landlord shall give notice in good time of the execution of such a measure. For a period of three months, a reduction in suitability shall not be taken into consideration insofar as this occurs due to a measure which serves an energy modernisation pursuant to Section 555b No. 1 of the German Civil Code (nF since 1 May 2013).
- The tenant shall tolerate structural alterations for the maintenance or extension of the rented property or the house in order to avert imminent danger or to remedy damage. This also applies to work and structural measures which, although not necessary, are expedient. If necessary, the tenant shall make the rented rooms accessible for the performance of such work.
- The tenant's right to invoke hardship in the case of structural measures within the meaning of § 554 of the German Civil Code (measures to improve the residential value, to save heating energy or water or to create new living space) or to terminate the tenancy after the landlord has duly notified the tenant of the intended structural measures shall remain unaffected.
- Outdoor aerials may not be installed. Private branches of communal aerials are not permitted. The tenant is not permitted to install splitters, routers or similar of any kind himself. Fees for connections paid by the landlord will be charged with the rent.
- Repairs and painting of the windows, doors, radiators and the fixtures and fittings shall also be carried out by the landlord in the living quarters as a matter of principle, provided that this is normal wear and tear. Reference is made to § 10.
- The landlord shall be entitled to create or remove communal facilities, insofar as this appears expedient at his discretion, taking into account the interests of the tenants as a whole and of the landlord.
- If a special charge has been agreed for this service in addition to the rent, this charge shall be reassessed in the event of a change in performance and costs. An additional reasonable charge may be levied for newly created facilities.
§ 13 Use of the Common Areas
- The common rooms designated in the tenancy agreement or otherwise made available for joint use shall be treated with care by the tenant.
- In the case of common rooms within a self-contained shared apartment, the members of the shared apartment are obliged to draw up a cleaning plan. The cleaning schedule is to be displayed in the shared kitchen if the room is part of a residential group.
- An internal regulation is to be found with the cleaning plan which brings about an appropriate hygienic standard and guarantees it for the duration of the rental period. This applies in particular to the kitchen, bathroom and WC. The tenant shall ensure proper ventilation and heating of the rented rooms as well as the common rooms, and shall treat the rooms, circulation areas and outdoor facilities of the hall of residence occupied by him/her that are accessible to the general public with care and always leave them clean.
- The landlord is entitled to check that the common rooms are properly cleaned at any time. To this end, he or a person commissioned by him has the right to enter the jointly used rooms, even without prior notice. If the cleaning is not carried out or not carried out sufficiently, the landlord is entitled to issue a warning.
- If the cleaning is not carried out even after a warning, the landlord may clean the rooms himself or have them cleaned by a specialist company at the tenants' expense. If it is evident from the cleaning schedule who had the cleaning duty at the time, this is to be used primarily. In the case of shared flats, lockable double flats or closed corridors, the tenants are jointly and severally liable for the fulfilment of the cleaning obligation. They may also be held jointly and severally liable for the costs.
- Any bulky items, means of transport of any kind, etc. that hinder cleaning work, as well as other materials that may not be deposited for fire prevention reasons, shall be removed at the tenant's expense after prior request for removal.
§ 14 Release from liability
The landlord assumes no liability for:
- The loss of or damage to the tenant's brought-in belongings as well as parked objects in the rooms of the hall of residence and on the property (such as bicycles, e-bikes, mopeds, handcarts, etc.);
- damage from unsupervised operation of chargers (mobile phones, tablets, rechargeable batteries etc.)
- the improper delivery or loss of mail received for the tenant or items dropped off for the tenant;
- damage to or loss of vehicles and their security devices (bicycle locks etc.), even if these are parked in the rooms provided for this purpose or in other areas of the hall of residence;
- loss of the tenant's personal property, especially valuables (these are to be kept under lock and key); rooms and flat doors are to be carefully locked. No unauthorised person is to be allowed access to the hall of residence or even rooms in the hall of residence.
- interruptions to the heating, electricity and hot water supply for which the landlord is not responsible.
- the landlord's strict liability for material defects existing at the time of conclusion of the contract (guarantee liability) is excluded; § 536a para. 1 first alternative BGB does not apply in this respect.
- The lessor shall only be liable for personal injury and property damage to the lessee and his visitors in the event of his own fault or the fault of his vicarious agents. The scope of liability is limited to intent and gross negligence. The limitation of liability shall not apply in the event of injury to life, limb or health. Furthermore, liability for the breach of cardinal obligations (transfer and maintenance) is excluded from the limitation of liability.
- The conclusion of a household contents and liability insurance is expressly recommended.
§ 15 Entering the rented premises
- The Landlord or his agents may enter the rented property at reasonable intervals and after due notice during normal visiting hours in order to inspect its condition or to read meters or take drinking water samples in accordance with the German Drinking Water Ordinance (Trinkwasserverordnung), or to carry out maintenance work on smoke detectors. The jointly used rooms within a shared apartment may also be entered during usual visiting hours without prior notice in order to satisfy oneself of compliance with the regulations under § 12 of these Terms and Conditions of Tenancy. The same applies if there is an urgent suspicion that the tenant or his vicarious agents are making use of the rented property in breach of the contract or are grossly neglecting the duties of care and diligence incumbent upon them. Consideration shall be given to any personal incapacity of the tenant.
- In the event of prolonged absence, the tenant shall ensure that the landlord's rights under paragraph 1 can be exercised.
- In order to avert danger to the life or health of persons, to avert, investigate and remedy considerable damage to property and to disturb the peace of the house, the landlord may also enter the rented property without prior notice and in the absence of the tenant.
§ 16 Information/Communications
- Notices intended for the tenant may be given electronically (by e-mail), orally, in writing or by posting.
- In the event of prolonged absence, the tenant is obliged to appoint an authorised recipient or to notify the landlord in writing of a different address.
§ 17 Components of the Tenancy Agreement
- The fire protection regulations and the house rules for student halls of residence/residential facilities of the Rostock-Wismar Student Union form an integral part of the tenancy agreement. The landlord is entitled to amend or supplement the house rules as far as permissible. A copy shall be handed over to the Tenant together with the Tenancy Agreement and the General Terms and Conditions of Tenancy. The tenant acknowledges the currently valid version of these General Terms and Conditions of Tenancy and the Schedule of Fees by signing the tenancy agreement.
- The landlord shall manage the residential premises in accordance with the cost recovery principle, which means reducing the administrative costs to a minimum. Additional administrative expenses shall therefore not be borne by the general public, but by the causers. For this reason, the parties agree to apply the fees and services catalogue of the Rostock-Wismar Student Union, which can be viewed on the homepage of the Student Union.
§ 18 Amendments and supplements to the rental agreement, withdrawal from the agreement
- Subsequent amendments and additions to this contract must be made in writing. Insofar as no provisions have been made in this contract, the statutory provisions shall apply. The same shall apply in the event that one or more of the provisions made should be legally invalid (§ 139 BGB). In the event of invalidity of one or more provisions of this contract, the validity of the remaining provisions shall not be affected.
- A withdrawal from the already effectively concluded rental contract is possible with a period of 14 (fourteen) days after the landlord has signed the contract without giving reasons. If a move-in has already taken place within this period, the contract may be rescinded with a notice period of 4 (four) weeks to the end of the month.
§ 19 Entry into force
These General Terms and Conditions of Tenancy shall apply to all concluded tenancy agreements in accordance with the Tenancy Agreement.
§ 20 Consumer dispute resolution
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSBG). However, the Consumer Dispute Settlement Act requires that we nevertheless point you to a consumer arbitration board that is responsible for you:
General Consumer Arbitration Board of Zentrum für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl.
Rostock, June 2022