accommodation Terms and Conditions of Tenancy

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1 accommodation Terms and Conditions of Tenancy

3 > contents 1. Eligibility for residence 4 2. Security deposit 3. Moving in/moving 4. Term of tenancy 5 5. Rent/payment of rent 6 6. Adjustment of rent 7 7. Tenant s obligations 8. Maintenance, rectification of defects, cosmetic repairs 9 9. Subletting Rights of the Studentenwerk 11. Liability Moving out 13. Termination of the Tenancy Agreement Closing provisions 13

4 > 1. Eligibility for residence 1.1 The directive of the Halle Studentenwerk concerning the application and allocation procedure for student apartments governs students eligibility for residence. 1.2 Any students who had an earlier Tenancy Agreement terminated by the Studentenwerk or who still owe the Studentenwerk outstanding rent or other financial obligations shall not be eligible for residence. 1.3 In order to prove eligibility for residence, the Tenant shall, without being asked, submit a valid certificate of matriculation to the residential manager / apartment broker or by to the apartment brokerage office at the place of study immediately, but no later than four weeks after moving in, and for each subsequent semester by no later than 31 / 10 (winter semester) or 30 / 04 (summer semester). > 2. Security deposit 2.1 Prior to moving in, the Tenant shall provide a security deposit of three months base rent, not to exceed Euro rounded to the next full Euro 10, by means of a bank transfer to the account designated by the Studentenwerk or in cash at the apartment brokerage office. 2.2 The security deposit shall not earn any interest. The noncharged portion of the security deposit shall be remitted to the Tenant immediately, but no later than six months following termination of the Tenancy Agreement, to the Tenant s designated bank account. The security deposit shall be forfeited in favour of the Studentenwerk two years after its due date if repayment is impossible for reasons for which the Tenant is responsible, such as failure to provide current contact details or account information. 2.3 When the tenancy agreement terminates, the Tenant shall not be entitled to set off the agreed rent against the security deposit. > 3. Moving in / moving Unless otherwise agreed between the Studentenwerk and the Tenant, the handover of keys for the rented property shall take place Monday to Friday between 8:00 am and 3:00 pm.

5 On Saturdays and Sundays, as well as on statutory national holidays, there is no entitlement to handover of keys. Individual collection of keys outside of these times by means of authorised third parties must be agreed with the residential management office in advance. 3.2 When keys are handed over, the condition and the completeness of the rented property, as well as the number of the keys provided, is recorded in a handover log to be signed by the Tenant and the Studentenwerk. The Tenant must prove that any changes made to or in the rented property following the handover of keys were only caused by general normal use. 3.3 The Tenant is not entitled to replace the lock installed by the Studentenwerk with the Tenant s own lock. In case of a lost key, the Studentenwerk is entitled to demand reimbursement of the costs of instalment of one or more new locks, to the extent that the replacement is necessary to prevent misuse or is required to protect other tenants (e.g. shared flat). 3.4 Moving into another room of a student apartment building requires approval by the Studentenwerk and the conclusion of a new Tenancy Agreement. There is no legal entitlement to this. An approved move is only possible after the previous room has been handed over free of defects. If the room is handed over free of defects, any security deposit paid will be automatically set off. For every move, the Tenant shall pay an administrative fee of Euro The administrative fee shall be stated in the move application and shall be due on payment of the first month s rent of the newly concluded Tenancy Agreement. > 4. Term of tenancy 4.1 The tenancy shall commence on the date agreed in the Tenancy Agreement. The tenancy shall terminate on expiry of the fixed term at the end of the semester (31 / 03 and 30 / 09 of a calendar year). That notwithstanding, the Tenancy Agreement shall be automatically extended by another semester, generally not to exceed a regular term of residence of no more than six semesters, unless one of the parties to this agreement objects to such an extension with a notice period of two months prior to the expiry of the term of tenancy. Following expiry of the regular term of residence, the Tenancy Agreement can be extended at the request of the Tenant. There is no legal entitlement to this. 5

6 4.2 Any implicit extension of the Tenancy Agreement after such an objection has been raised is excluded. Should the Tenant continue, without legal cause, to use the rented property after the expiry of the term of tenancy, the Tenancy Agreement shall, this notwithstanding, not be deemed to have been extended. > 5. Rent / payment of rent The Tenant shall pay a rent consisting of the base rent, the flat fee for operating costs and, if applicable, a flat rate for furniture and / or a surcharge for third parties. In student apartments with a data network connection provided by the Studentenwerk, the cost of providing it shall be included in the rent. The base rent amount shall be determined by a resolution of the administrative board and shall be stated separately in the Tenancy Agreement. 5.2 Should the Tenant, contrary to Number 1.3, fail to submit a valid certificate of matriculation or fail to do so on time, the Tenant shall pay a surcharge of Euro per month. 5.3 As a rule, the unreduced monthly rent is due for payment. As an exception, only half of the monthly rent shall be due if the parties have mutually agreed in writing that the Tenant will move into the property after the 15th calendar day of the month. 5.4 Prior to moving in, the Tenant shall pay the first month s rent as an advance payment and shall set up a bank account for the debiting of subsequent monthly rent payments, and shall also issue a SEPA direct debit mandate to the Studentenwerk. Each subsequent rent payment shall, as a rule, be debited from the account of the Tenant in favour of the Studentenwerk within the framework of the SEPA direct debit procedure. The Tenant must at all times ensure a sufficient balance on the account designated by the Tenant for the debiting of rent payments. The first SEPA direct debit shall be due on the 10th banking day, each subsequent direct debit on the 7th banking day of the respective current month. If the Tenant has not issued a direct debit mandate to the Studentenwerk, the base rent stated in the Tenancy Agreement shall increase by Euro 5.00 per month due to the administrative expenses incurred as a result. No separate notification is required in this respect. The rent shall be due for payment on the 7th banking day of the respective current month.

7 5.5 Should a direct debit not be processable or not be processable on time for reasons for which the Tenant is responsible, or should the rent not be paid or not be paid on time, a charge of Euro 3.00 shall be made for each payment reminder and each subsequent warning, insofar as the amount which forms the subject of the warning exceeds Euro The obligation to pay the unreduced rent shall remain in effect until the Tenancy Agreement is terminated, even if the Tenant has moved out early or has handed the rented property back early. > 6. Adjustment of rent 6.1 Should the operating costs change, the Studentenwerk shall be entitled to adjust the corresponding flat rates by means of a unilateral declaration within the framework of the statutory regulations. The amendment to the flat rate for operating costs shall be due at the start of the second month following the notification. 6.2 The base rent may be adapted to changed conditions by means of a resolution of the administrative board. The Studentenwerk shall notify the Tenant in writing of any changes to the base rent or the furniture flat rate. Insofar as the rental information is known by the Tenant no later than two months before expiry of the term of tenancy, the new base rent shall take effect at the start of the next respective semester (01 / 04 for the summer semester or 01 / 10 for the winter semester of each calendar year). > 7. Tenant s obligations 7.1 The Tenant is obligated to inform the apartment brokerage office in writing immediately with regard to all personal details which change during the term of tenancy, in particular > name change; > birth of a child who also resides in the student apartment; > change to main residency address; > change of bank account; > change of address; > change of telephone number. 7

8 8 7.2 The Tenant may only use the rented property for residential purposes. Commercial use is prohibited. 7.3 The rented property, including any common areas and facilities and the related inventory and other equipment, must be treated with the necessary care. Any damage that occurs, defects that are noticed or operational disruptions shall be reported immediately to the residential manager in text form. 7.4 Unless the parties have agreed otherwise, the Tenant shall be prohibited from making any structural alterations, or from attaching any fixtures or fittings of any kind. 7.5 The quiet period from 10:00 pm to 6:00 am must be strictly observed. Residents shall refrain from creating any noise nuisance. 7.6 As a rule, pets may not be kept in the student apartment building. Small animals are exempt from the above, provided they do not cause a nuisance to other residents and provided the animals are kept in suitable containers. The Tenant shall be responsible for any damage caused by animals. 7.7 Cars, motorcycles and bicycles may only be parked in the designated spaces. For reasons of fire prevention and to keep escape routes free of obstacles, it is prohibited to park bicycles in stairways, hallways or common areas intended for residential purposes. Any bicycles parked in such areas will be removed by the residential manager immediately without prior notice and will be kept inside a locked room. The Studentenwerk shall only be liable for loss or damage in cases of intent or gross negligence. The cost of replacing a necessarily destroyed bicycle lock shall not be reimbursed. 7.8 The Tenant shall take note of the public announcements by the Studentenwerk. The Tenant shall ensure that the Tenant s post box is emptied at regular intervals or that an authorised person empties the post box or forwards any mail during the Tenant s absence. 7.9 It is prohibited to block stairways, hallways or designated emergency exits. It is prohibited to mount private satellite receiving devices on walls or balcony structures.

9 7.10 The installation and operation of private washing machines, tumble dryers and/or dishwashers in the living areas is prohibited Should the rented room be part of a shared apartment containing common areas, the cleaning of these common areas shall be the responsibility of each Tenant of this shared apartment, unless it has been agreed otherwise. In case of insufficient cleaning, the Studentenwerk shall be entitled to clean the premises themselves or have them cleaned by a professional service provider following a fruitless warning. The tenants of such shared apartments shall be jointly and severally liable for any costs incurred as a result Smoking on stairways, in hallways or in common facilities is prohibited The Tenant is obligated to observe the fire safety regulations, the terms of use for the data connection and the existing house rules of the Studentenwerk, and shall report any breaches of the same to the residential manager immediately The Tenant is responsible for procuring replacement lights in the living area used solely by the Tenant In order to combat disease-causing legionella in the water heating system, the hot water is super-heated overnight from Tuesday into Wednesday between 3:00 am and 7:00 am. In order to prevent injuries, in particular scalding, the Tenant shall take care to obtain hot water with the necessary caution and to mix it with cold water. > 8. Maintenance, rectification of defects, cosmetic repairs 8.1 The Tenant must accept maintenance measures, repair of damages or defects, as well as structural alterations. The Studentenwerk must notify the Tenant of these at least two weeks prior to commencement of the work. However, this shall not apply to measures in common areas (e.g. common kitchens or sanitary facilities, corridors, etc.). 8.2 If necessary, the Tenant shall be obligated to move into another room offered by the Studentenwerk for the duration of such building measures. 9

10 > 9. Subletting 9.1 The rented living space may not be sublet. 9.2 The Tenant is entitled to host visitors. However, a visit is defined as a stay of no more than 14 consecutive days. Should a visitor disturb the other tenants, the Studentenwerk shall be entitled to direct the visitor to leave the student apartment building on the basis of its house rules. 9.3 Should the Tenant transfer the rented property to a third party regardless of a written warning, the Studentenwerk shall be entitled to terminate the Tenancy Agreement without notice. > 10. Rights of the Studentenwerk 10.1 The Studentenwerk and its representatives shall be entitled to enter the rented property on working days during normal opening hours following prior notification for the purpose of checking its condition, carrying out necessary maintenance or repair work or dealing with damage, as well as reading the meters in particular, unless the Tenant expressly objects to the access following the notification Should the Tenant deny or hinder access to the rented property despite prior written notice or information on the notice board, the Studentenwerk shall have the right to enter the property in the presence of a third party, following the expiry of a period of grace In cases of imminent danger, in particular in order to avoid any danger to the life or health of people or to defend against considerable damage to property, the Studentenwerk or their representatives shall be permitted access at any time without prior notice Should the Studentenwerk find that the Tenant has left behind objects after the termination of the tenancy agreement, the Studentenwerk shall be able to place a new Tenant in the rented property and shall be entitled to remove the former Tenant s belongings. Objects with a recognisable individual value of Euro or more will be stored at the owner s expense. During the maximum storage period of one year, the Studentenwerk shall be liable only in cases of intent and gross negligence. The former Tenant agrees to the destruction of these objects after the storage period has expired. 10

11 10.5 In case of imminent danger or in case of obstruction of access for supply or disposal, the Studentenwerk shall be entitled to have vehicles towed away at the expense of the owner, should these vehicles be parked or left in areas of the Studentenwerk which are not identified as parking spaces. > 11. Liability 11.1 The Studentenwerk shall not be liable for personal injury and property damage suffered by the Tenant, the Tenant s guests or relatives or the objects brought onto the property by the Tenant except in case of intent and gross negligence The Tenant shall be liable for any damage or defects caused by culpable violation of the Tenant s obligations under the Tenancy Agreement. The Tenant shall likewise be liable for any damage caused by guests, relatives or other third parties who also use the rented property with the Tenant s consent Insofar as the person causing damage in shared apartments and double bedrooms cannot be identified, the tenants shall be equally liable in respect of damage to the rented property. > 12. Moving out 12.1 The Tenant should make an appointment for pre-inspection with the residential manager no later than four weeks before the termination of the Tenancy Agreement. The purpose of this pre-inspection is the joint viewing of the rented property, with the aim of giving the Tenant the opportunity to rectify or have rectified, no later than by the end of the term of tenancy/handover of the rented property, any identified defect or damage at the Tenant s own expense either by suitable specialised companies or by the Tenant s own professional personal initiative. If no such appointment for pre-inspection of the rented property can be agreed, any defects or damage identified by the Studentenwerk when the rented property is handed back will be rectified at the expense of the Tenant by substitute performance, either by the Studentenwerk itself or by an engaged specialist company, once the Tenant has moved out. For the period in which the rented property cannot be let again in consequence of the rectification of defects caused 11

12 without legal justification by the Tenant, the Studentenwerk shall be entitled to claim damages against the Tenant to the amount of the monthly total rent The move out shall be governed by the same requirements cited in Number 3.1 in respect of moving in When moving out, the condition and the completeness of the rented property, as well as the number of the keys returned, is documented in a handover log to be signed by the Tenant and the Studentenwerk. > 13. Termination of the Tenancy Agreement 13.1 The Tenancy Agreement shall end by: termination; severance agreement; declaration of objection; expiry of the contractually agreed term of tenancy If there is an important reason, the Tenant may terminate the tenancy prior to expiry of the contractually agreed term of tenancy by observing a term of notice of one month to the end of the month. Apart from the reasons set out under civil law, an important reason for such termination on the part of the Tenant shall only be present if a current ex-matriculation certificate is presented or an internship that is required for university or specialist college studies is taken up and is confirmed by the study institution, and this is located at least 30 km away from the place of study or it can be proved that it is necessary to move at least 30 km away from the place of study in order to work on a dissertation or it can be proved that it is necessary to take a leave of absence from the course of study. The Tenancy Agreement shall then be deemed to be terminated in compliance with the notice period As a rule, the Studentenwerk can only declare termination without notice in respect of the Tenancy Agreement after a fruitless warning and in case an important reason is present. 12

13 Apart from the reasons set out under civil law, an important reason for such termination of the Tenancy Agreement without notice on the part of the Studentenwerk shall be present if eligibility for residence is not proved or has lapsed or the security deposit is not paid, is not fully paid or is not paid on time or moving out of the rented property is actually necessary due to maintenance measures to be carried out or a rental arrears of at least 2 or more monthly payments is present or it is ascertained that the rented property is being used in a manner which breaches the agreement (including the data network belonging to the rented property) or the rented property is not treated with the necessary care and is not carefully cleaned or an unauthorised subletting is unlawfully continued following a fruitless warning The prior conclusion of a follow-up Tenancy Agreement with a subsequent tenant named by the Tenant and accepted by the Studentenwerk is a precondition for the conclusion of a Cancellation Agreement. The subsequent tenant must not already have concluded a Tenancy Agreement with the Studentenwerk or have received an offer of residence as an applicant at the time the Tenancy Agreement terminates. > 14. Closing provisions 14.1 The General Lease Terms and Conditions in the version dated 20/12/2013 shall take effect on 01/01/2014. The General Lease Terms and Conditions in the version dated 24/11/2006 shall thereby cease to apply If and insofar as one or more of the provisions of these General Lease Terms and Conditions breach a compulsory statutory regulation, such provisions shall be replaced by the appropriate statutory provision. The same shall apply to any loopholes in these General Lease Terms and Conditions Designations of persons or positions in these General Lease Terms and Conditions are applicable regardless of gender. 13

14.4 The Tenant is aware that the Studentenwerk stores the Tenant s personal data and social status. This data may be disclosed to third parties (e.g.

14 14.4 The Tenant is aware that the Studentenwerk stores the Tenant s personal data and social status. This data may be disclosed to third parties (e.g. law enforcement, public authorities and the like) within the scope of its purpose and in compliance with the respective data protection regulations. Halle, Prof. Dr. Hans Lilie Dr. Volkmar Thom Chairman of the Administrative Board Managing Director

15 > imprint publisher Studentenwerk Halle Anstalt des öffentlichen Rechts Wolfgang-Langenbeck-Straße 5, Halle (Saale) represented by the Managing Director Dr. Volkmar Thom (v.i.s.d.p.) editor Gundula Krelle graphic design Paolo Schubert print office WIRmachenDRUCK GmbH, Backnang

> contact details studentischeswohnen@ studentenwerk-halle.

16 > contact details studentenwerk-halle.de /415/ visitor address Studentenwerk Halle Anstalt des öffentlichen Rechts Zentrale Wohnplatzvermittlung Wolfgang-Langenbeck-Straße Halle (Saale) web: phone: fax: consultation hours Tuesday: 1:00 pm-5:00 pm Friday: 9:00 am-12:00 am

Tenancy agreement General tenancy agreement ( v3) governing rooms let by Walburg bv / Wibeco bv / Wibeco Vastgoed bv Contents Article 1

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