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link 22.11.2012 8:08 
Subject: Rental agrement gen.
Уважаемые участники.

Речь идет о кратком стандартном договоре аренды. Я стараюсь сейчас сравнить немецкий текст с русским и английским и в связи с этим еще раз и здесь прошу совета, где можно посмотреть или найти именно КРАТКУЮ ВЕРСИЮ данного договора. Я старюсь соспоставить разные варианты, но все равно возникает много вопросов, так как в основном везде предстален более сложный и расширенный вариант.

Буду очень признательна за помощь.

Paragraph 1
The tenant is renting an (completely furnished) apartment on the first floor which includes 2 rooms, an eat-in kitchen, bathroom, and a hallway.

Please note our comment: All necessary keys will be given to the tenant at the hand over of the apartment as written down in the walk-through protocol. Additional keys can only be cut with the approval of the landlord. In case the tenant loses the keys, the landlord has the right to install new locks at the tenant’s expense. In case the tenant loses the keys, he is responsible for any damage that could possibly result.

Paragraph 2
The lease starts on ----- and is valid until -------

Please note our comment: During that time it cannot be cancelled, neither by the tenant nor by the landlord. Please see also paragraph 13.

Paragraph 3b
The property is rented temporarily for the following reason: Tenant’s residence is limited due to professional reasons.

Paragraph 4
The rental fee amounts to € ---- per month including associated lease costs.

The associated lease costs included in the rent are:

- Heating
- Water
- General light/power
- Insurance (for the property)
- Real estate tax
- Chimney sweep
- Street cleaning
- Cleaning pavement
- Garbage collection
- DSL internet access
- Individual electricity

Please note our comment: Separately from the rent the tenant will have to connect to and pay for telephone services directly with these suppliers. The tenant will also have to cover the fee for public TV and radio license (GEZ fee).

Please note our further comment: The monthly rent is an all inclusive sum and the landlord will not present a final invoice stating actual amounts and the detailed list of the maintenance costs after one year. As this is an all inclusive sum, the landlord is not allowed to increase or reduce the maintenance costs. However, the landlord is entitled to increase the rent according to legal provisions. End of comment.

Rental payments are due to reach the landlord's bank account no later than the 1st day of each month paid in advance.

The bank details for the payment of your rent are as follows:

Please note our comment: We recommend arranging for the payment accordingly through a standing order.

Paragraph 5
The tenant has to pay the sum of € ----- to the landlord as a security deposit for the fulfillment of these contractual obligations. The deposit is due (at the latest) at the handover of the apartment keys.

Please note our comments: The deposit will be returned to the tenant at the end of the contract as long as no claims remain open against him. Please note that the tenant is not allowed to balance any open rental payments with the security deposit.

Paragraph 6
The tenant has to continue to make rental payments until the official end of the contract even if he leaves earlier. The tenant is not allowed to provide a next tenant.

Paragraph 7
The landlord takes over the responsibility to undertake any possible necessary refurbishing works at his own expense during the rental time.

The tenant is responsible for minor repairs and costs for the maintenance of the property up to a sum of € 75. In every single case. Altogether the costs in one year should not be greater than 8 % of the annual rent. If the lease is concluded for less than 12 months the maximum amount will be reduced proportionately (1/12 per missing month).

Please note our comment: If the invoice for the repair exceeds the amount that has to be paid by the tenant under the rental contract, the tenant does not even have to pay a proportional amount of € 75; instead the landlord has to pay the full amount.

We advise the tenant to make sure that the landlord is authorizing the repair himself. Otherwise the tenant might get involved in a dispute with the repairman regarding the repairman’s invoice or newly created damage, etc.

Paragraph 8
The tenant may only balance his rental payments against counterclaims if he notifies the landlord about his intension at least 14 days before the rent is due. The notification must be in writing.

Paragraph 9
The property shall be used for residential purposes only. Any other usage does require the landlord’s written approval. Subletting is not allowed. The tenant is allowed to have temporary visitors in the apartment. The tenant of the apartment is responsible for replacing any damage done to the apartment caused by him or any people belonging to his household, guests, tradesmen, etc.

Please note our comment: The landlord is entitled to cancel the lease without prior notice in case the tenant has a sub-tenant without the landlord’s permission.

The tenant is not allowed to keep pets without the prior approval of the landlord.

Please note our comment: If the landlord has given his approval for a pet, the tenant is responsible for any damage caused by his pet.

Paragraph 10
The tenant has to treat the apartment and its inventory with care; and heat, air, clean the apartment sufficiently.

Please note that modern double-glazed windows and doors prevent a loss of energy and the influx of emission. In order to avoid damage from condensation, the tenant is responsible for regularly airing and heating the apartment. Otherwise, he will be liable for compensation. Especially in case of double-glazed windows that have been installed later on, the tenant is obliged to air the apartment at least twice a day with windows wide open. End of comment.

The tenant is required to inform the landlord immediately about any damage, even if he did not cause the damage. If the tenant fails to inform the landlord in a timely manner, he may be held liable for any subsequent damage.

The remodeling of the apartment is not allowed. Any changes in the apartment, especially any new installations or similar activities need the landlord’s prior approval.

Please note our comment: The landlord can request the tenant to restore the original condition of the property when moving out. Possible installations have to be removed unless the landlord accepts them to stay in the apartment. End of comment.

Please note our comment: We strongly recommend concluding a private liability insurance.

Paragraph 11
The landlord or his representative is entitled to visit the apartment (with craftsmen, future tenants and employees of municipal suppliers) after having arranged an appointment with the tenant.

Paragraph 12
The apartment has to be returned to the landlord in proper condition (cleaned, quitted, empty of the tenant’s personal belongings).

When moving out the tenant has to return all keys. Additionally cut keys have to be returned to the landlord as well.

The tenant will be held responsible for any damage caused to the next tenant or landlord by not following his obligations from the rental agreement.

Please note our comment: The landlord may claim additional payments should the property not be ready for take over at the end of the lease period (i.e. additional rental payments, costs for storage of furniture, hotel costs for new tenant etc.).

Paragraph 13
The apartment is rented completely furnished. The apartment will be handed over to the tenant professionally cleaned and will have to be returned at move-out professionally cleaned as well. The final cleaning fee amounts to € 150 and will be at the tenant’s expense.

The lease agreement will be automatically prolonged for one month each time as long as no party cancels the lease. The cancellation period is one month in advance to the end of a month.

Please note our comment: The termination of the lease agreement has to be written in German. We recommend sending the lease termination letter to the landlord via registered mail (Einwurfeinschreiben). Please note that e-mail and fax may not be considered as legal documents.

Paragraph 14
This contract has been arranged through an estate agent HomeCompany Bochum.

Please note: As soon as the rental agreement has been signed by both parties the estate agent is entitled to ask for a commission up to a maximum amount of two monthly net rents plus currently 19% tax. The commission has to be paid by the tenant. Your company BP will bear these costs and be invoiced by the estate agent directly. We understand that .... is taking over the estate agent commission and will be invoiced directly by the estate agency.

 

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