as last amended on 01 August 2007
Please note: This translation is not a legal substitute for the German version!
§ 1 Rented Rooms- The living space in a residence hall of the Studentenwerk Potsdam is rented for the purpose of pursuing an academic degree at an institute of higher learning in accordance with §2 of the lease.
- For compelling reasons, the landlord reserves the right to assign a tenant another living space without keeping the fixed period as noted under §2, sent. 1 of the lease.
Compelling reasons are:
- urgent repairs
- renovation or structural repairs
- modification of the calculation basis of the rent for the living space
- The rooms named in the rental contract and the shared rooms in the residence hall can be used for their intended purposes beginning at 2:00pm on the first work day after signing the contract.
- For switching rooms or moving from one residence hall to another, a fee must be paid in accordance with the Studentenwerk Potsdam’s scale of fees.
§ 2 Terms of Lease and Right of Residence- The terms of lease is determined by paragraphs 1 and 2 of the rental contract.
Upon application, the terms of lease can be extended beyond the times stated in §2 of the rental contract for the following reasons:
a) when one is residence hall spokesperson, member of student government (AStA, Stura), and/or international student
b) in other cases, by permission of the Studentenwerk Potsdam after consultation with the student government of the respective institute of higher learning (for example for medical reasons or exams)
c) in all other cases in which a grant for attaining a degree (Studienabschlussförderung) is received in accordance with the Federal Education and Training Assistance Act (Bundesausbildungsförderungsgesetzes – BAföG)
- Eligibility for a student residence is currently determined by the room allocation policy regarding the residence halls of the Studentenwerk Potsdam.
- Provided that all rooms of the Studentenwerk Potsdam are not being rented by eligible students and no applications are being processed in accordance with §2 sent. 2, a rental contract can be offered to students of other institutes of higher learning and other applicants. This contract is limited to one semester.
- All tenants must provide proof of right of residence at the beginning of each semester by submitting a current certificate of enrolment (Immatrikulationsbescheinigung).
- The tenant is obligated to notify the Studentenwerk Potsdam of the end of his or her right of residence and to vacate the rented room in accordance with the deadlines in §§ 5 and 21 sent. 3.
§ 3 Rent and Deposit- The total rent as noted in the rental contract is comprised of the basic rent, utilities, and other costs related to use. The costs for utilities and those related to use are determined by the actual costs.
Necessary changes to these costs can be made by the Studentenwerk Potsdam per written declaration.
The underlying reasoning for these costs is a calculation of the past amount accrued through utilities costs and other costs related to use.
The Studentenwerk Potsdam is required to inform tenants in writing of a rent increase at least four weeks before the increase becomes valid.
- The Studentenwerk Potsdam has the right to increase rent or utilities in accordance with the costs accrued by the all of its residence halls or a group thereof.
- Prior to moving in, the tenant must provide a deposit along with the first rent payment. The amount of the deposit is determined by § 2 sent. 4 of the rental contract. At the most, it can amount to 2.5 times the total monthly rent.
The deposit can be offset against:
a) damages for which the tenant bears responsibility
b) missing furnishings, amenities, keys
c) further claims by the landlord
The deposit or non-offsetted part of the deposit will be returned to the tenant after he or she has moved out and returned the rental object to the landlord. The deposit will be returned via wire transfer to a bank account or, in the event that no bank information is provided by the tenant, a check addressed to the new address of the tenant not after eight weeks after the last paid rent.
If claims on part of the Studentenwerk Potsdam are raised pertaining to a) to c), this fixed period of eight weeks does not apply. Payments of interest on the deposited amount are not made.
- Upon termination of the rental contract, the tenant is not allowed to offset the rent payment against the deposit on his or her own.
§ 4 Rent Payment / Default in Payment- The monthly rent is due on the first day of the month. It shall be paid by the third work day of the month.
- Provided that direct debit authorization (Einzugsermächtigung) has been granted by the tenant, the Studentenwerk Potsdam is entitled to book the monthly rent from the account of the tenant.
- If no receipt of payment is registered on the due date or if not enough funds are available for direct debit, a reminder (Mahnung) is sent. If no payment is made within 14 days after the first reminder, a second reminder is sent. If no payment is made within another 14 days after delivery of the second reminder, a third reminder is sent. If no receipt of payment is registered within a further 14 days after delivery of the third reminder, a court notice to pay (gerichtlicher Mahnbescheid) is applied for by the Studentenwerk Potsdam.
- For reminders issued in case of default in payment, fees shall be charged in accordance with the Studentenwerk Potsdam’s scale of fees. If an enforceable legal document is issued by court, the costs of the proceedings shall also be paid by the rent debtor.
§ 5 Termination of Lease through the Tenant- The tenant has the right to give notice of termination of the rental contract in writing by the third work day (postmark) of each calendar month in order to terminate the lease at the end of the following month.
§ 6 Termination of Lease through the Studentenwerk Potsdam- The Studentenwerk Potsdam has the right to terminate a lease as soon as the tenant no longer has the right of residence as determined by § 2 sent. 4.
- The Studentenwerk Potsdam can terminate a lease without a period of notice.
Reasons for termination of lease without period of notice include:
a) use of the rented room in a manner which is significantly contrary to the rental contract and after prior warning
b) no payment of two monthly rent payments
c) no proof of the right of residence as determined by § 2 sent. 4
d) serious or continuous offences against the rules of conduct (Hausordnung) and/or the current general terms of lease
e) serious and culpable violation of the tenant’s duty to exercise proper care (e.g. poor cleaning of living space or the communal living spaces) and after prior warning
§ 7 Moving to another Room within the Residence Halls- Upon written application and the signing of a new contract, exchanging rooms or moving to another residence hall is possible according to § 1 sent. 4.
- Approximately 14 days before moving out, the tenant is required to arrange an advanced/provisional acceptance of the rented object with the landlord.
A written report of return of the rented object is completed by both parties and signed in mutual agreement on the day of the move.
Any damages or missing furnishings as per § 3 sent. 3 will be stated in the report and charged to the tenant.
- Moving out must take place by 10:00am or, at the latest, 2:00pm on the first work day after the expiration of the old contract.
§ 8 Central Heating and Hot Water Supply- The landlord is obligated to heat the rented rooms at the generally-accepted minimum temperature.
- The landlord is obligated to make hot water available at the warm water basins and showers provided in the flats and residence halls. Water is provided in a sufficient quantity and at an acceptable temperature.
§ 9 Right of Use- Permitting the use of the rented flat to third parties is admissible contingent upon the landlord’s consent.
§ 10 Parking Spaces for Automobiles and Bicycles- Tenants are required to park their automobiles in the parking spaces provided for the residence halls.
Vehicles which are parked outside of the parking spaces provided or contrary to traffic regulations will be towed at the owner’s expense.
- Motor vehicles and motor vehicle parts of all sorts may not be parked or placed within buildings, including the cellars, which are intended for personal use or provided for the residents for use.
- On principle, it is not allowed to park motor vehicles which are not used or not registered with the authorities on the grounds of the residence halls. Any such vehicle will be removed at the car owner’s expense.
- On the ground of the residence halls and in their immediate surroundings no repairs may be carried out on motor vehicles which could lead to a disturbance of other persons. In particular, all repairs are forbidden which could result in environmental pollution (e.g. oil change, car wash, etc.).
- The landlord is entitled to require an extra fee for use of parking. This also applies to current rental contracts. As long as parking is free of charge, providing parking constitutes a voluntary additional service on part of the landlord and is not a component of the services warranted in the rental contract.
- In order to ensure that parking is used by tenants only, the caretakers/managers of the residence halls are entitled to register the type and registration number of the vehicles used by the tenants.
- Bicycles may only be parked in the spots provided for them. They will be removed by the caretaker from hallways, landings, and entrance areas (escape and rescue routes) of the residence halls.
§ 11 Liability for Damages- The furnishings and fittings may not be moved around among the rented rooms. Upon moving in, the tenant shall acknowledge in writing the extent of the inventory provided.
- Damages to and in the rented rooms shall be notified in writing immediately to the landlord or a representative thereof. The tenant is liable for all damages to, and loss of, furnishings and fittings and as well as damages to the residence hall, provided that he or she is responsible for the damages or loss. This liability is determined at the latest upon the termination of the contract and moving out. The tenant is also liable in the same way for damages caused by relatives, visitors, guests, etc.
- The replacement of lighting and filter elements for range hoods is the tenant’s responsibility. Upon moving out, new filter elements of the same size and lighting fittings of the same wattage (as determined by the caretaker) must be provided.
- The tenant consents to an assessment of damages through a representative of the Studentenwerk Potsdam without his or her participation, unless he or she arranges an appointment with the residence hall’s management for a joint room report of return at least one week before moving out.
- The tenant acknowledges that for jointly-used furnishings and fittings in multi-bedded rooms or in shared flats the principle of joint liability for damages and losses applies.
§ 12 Structural Alterations by the Tenant- Structural alterations to the rented rooms on part of the tenant are forbidden.
- The landlord can demand that the original condition of the rented rooms be restored upon termination of the rental contract. There is no claim on part of the tenant to have costs refunded if, after the termination of the rental agreement, he or she leaves the condition of the flat as is.
- The affixing of shelves, coat hooks, and the like by means of wall pegs shall only be allowed with the approval of the house management and the caretaker.
- After prior arrangement with the landlord, the tenant may carry out renovations on his or her own and at his or her own expense. Under no circumstances is it allowed for the tenant to paint heaters, pipes, windows, and doors, nor is it allowed to use varnish paints.
§ 13 Structural Alterations by the Landlord- After previous notice and without the tenant’s consent, the landlord is allowed to carry out repairs and structural alterations necessary for the preservation of the residence hall or its rented rooms, for averting imminent danger, or for the repair of damages. If doing so makes living in the rented room untenable to the tenant, another living space can be assigned to him or her (see § 1 sent. 2).
- For the duration of the repairs, the tenant is required to provide for access to the rooms concerned.
The repairs must not be hindered or delayed by the tenant.
- The landlord is required to carry out maintenance, repairs, renovations, or other structural alterations quickly and without any longer interruption. The stress on the tenant shall be kept as low as possible.
- If repairs are carried out by outside firms charged by the landlord, the tenant shall allow access to his or her rented room from 7h onward on work days.
§ 14 Due Diligence by the Tenant- The tenant is obligated to take good care of, to maintain, and to regularly clean the rented rooms and furnishings and fittings as well as any personal property brought in by the tenant.
- The tenant is obligated to use electricity, gas, water, and heating in an economical manner.
- The tenant is obligated to immediately notify the landlord or a representative thereof of any damages or disturbances.
- Portable electrical appliances and the like brought in by the tenant shall be kept in orderly conditions. Damage caused by defective appliances shall be borne by the tenant.
§ 15 Personal Property Brought in by Tenant- The tenant is obligated to place and store any personal property brought in his or her rented room or other rooms which the landlord has provided for the like. Property not kept in the tenant’s room must be visibly marked with the name of the tenant and the number of the rented room.
- The tenant shall expressly waive his property rights to objects left out or those not duly marked, provided that a notice of removal of these objects was previously made by the landlord. The same applies to the tenant’s property left in the rented rooms after the termination of the rental contract.
§ 16 Exclusion of Liability- Only in cases of deliberate intent or gross negligence on part of the landlord or a representative thereof is the landlord liable for injury to the tenant or visitors and for damages to property.
- For all other cases, tenants should take out an insurance policy.
§ 17 Keys- Upon moving in, the landlord shall hand over to the tenant one set of keys required for the proper use of the rented object. The tenant must immediately notify the landlord of the loss of all keys. The landlord is solely responsible for replacing lost keys.
- The tenant shall bear the costs for the procurement of spare keys.
- In the event of lost keys, the landlord is entitled to have the lock in question altered or replaced at the tenant’s expense.
- Upon application, the tenant can be handed over a second key in accordance with the scale of fees of the Studentenwerk Potsdam.
- The tenant is not allowed to replace the lock provided by the landlord.
- Upon moving out, the tenant shall give back all keys to the management of the residence hall.
- To avoid unauthorized use and to secure personal and/or shared property, if any key belonging to a main locking system gets lost, then the tenant is responsible for the costs of purchasing and installing a new locking system.
§ 18 Other Obligations- The tenant shall support the staff of the Studentenwerk Potsdam in fulfilling their official duties and shall refrain from disturbing his or her fellow occupants or residents at all times and especially between 10:00pm and 6:00am.
- As a rule, the keeping of animals is forbidden. This, however, does not pertain to small domestic animals such as birds, hamsters, ornamental fish, and the like which are kept in containers in accordance to the needs of the respective species.
- The tenant shall strictly adhere to the regulations of the building control department and regarding fire protection. It is especially prohibited to store highly flammable material and toxic substances in, or on the property of, the residence halls.
Smoking is forbidden in all shared rooms of the residence hall (hallways, stairwells, kitchens, etc.).
- Good care shall be taken of the rooms accessible to the general public in the residence halls (shared kitchens, common washrooms, hobby rooms, entrances, hallways, landings, etc.). Placards, posters, and other objects may only be put up in the areas provided for them (in display cases and the like).
- The placement of outdoor antennas, satellite systems, banners, and flags on the outside facades and in the windows is not permitted.
- In accordance with the Resident Registration Act (Meldegesetz), the tenant is required register his or her address to the Resident Registration Office (Einwohnermeldeamt) within one week when moving in and out.
- When the tenant is absent from the residence hall for a longer period of time, he or she is obligated to provide contact information to the landlord so that the tenant can be reached quickly.
- In the interest of a smooth flow of information, it is necessary for the tenant to immediately notify the landlord regarding his or her primary residency, home address, or other relevant personal data.
§ 19 Entering of the Rented Rooms by the Landlord- As a principle, the tenant’s private sphere shall be respected.
- After prior announcement, the landlord or a representative thereof can enter the rented rooms for repairs or inspection of their conditions during work days between 10:00am and 4:00pm. Inspection of the conditions is not carried out during semester breaks. If it is necessary to enter the rented rooms for repair work, the landlord is obliged to send a written notice to the tenant in a timely manner.
- In order to avert danger of death and the health of persons or in order to avert any serious property damage, access to the rented rooms is allowed at any time, and the tenant shall allow such access to the landlord or a representative.
§ 20 Furnishings and Fittings- The landlord is obligated to provide furnishings in accordance with the occupancy level of the rented room.
Furnishings not required by the tenant, for instance in case that he or she uses his or her own furnishings, can be moved to another location provided that space is available and such arrangements are made with the landlord in writing. Upon moving out, the tenant shall return all moved furnishings and the room shall be returned to its original state. For rooms leased without furnishings, the tenant shall pay no furnishing costs.
Upon moving out, the tenant must remove the furniture brought in by him or her.
- Furnishings damaged or lost by fault of the tenant or his relatives, visitors, or guests shall be replaced by the tenant at the cost of the actual restoration or replacement.
§ 21 Termination of the Rental Contract / Vacating Rented Property- Upon termination of the rental contract, the tenant shall make an appointment with the caretaker/manager of the house in order to official return the rented object to the landlord. This appointment should be made approximately 14 days before moving out. The required cleaning or repairs will be noted in writing during this meeting. Provided that these are the responsibility of the tenant, such cleaning or repairs are to be carried out prior to moving out.
- The rented rooms shall be handed over to the landlord upon termination of the rental contract in a thoroughly cleaned and re-rentable condition (including all furnishings and fittings and with all keys). The tenant shall remove all personal property brought in by him or her from the rented rooms and the other shared rooms. Otherwise, the landlord is entitled to open the rented rooms and to have them cleaned at the tenant’s expense. The costs for the storage and removal of the objects brought shall be borne by the tenant.
- In case of a possible delay in moving out, the tenant is liable for all costs incurred by the landlord, in particular accommodation costs for the new tenant.
- Upon termination of the rental contract, the tenant shall vacate the rented object prior to 10:00am on the last work day before the expiration of the contract. If the tenant does not comply with his obligation, the parties hereto are in agreement that, with the termination of the rental contract, the actual possession of the rented object passes over to the landlord and that the landlord, after fruitless requests to vacate, has the right to remove the tenant and his or her belongings after three days.
The former tenant herewith declares expressly that after a year he or she transfers ownership of the stored objects to the landlord.
§ 22 Other Arrangements- Other agreements are only valid if they are in writing and signed by both the tenant and the landlord.
- Take note that the Studentenwerk Potsdam saves personal data required for the lawful fulfilment of its duties regarding the management of the facilities and payment of rent.
- Upon signing a contract, the tenant will receive a copy of the rules of conduct. These rules are a component of the contract between the tenant and the landlord.
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