1. Right of use and rotation principle

• Students are eligible for accommodation. The tenant is obliged to notify the landlord if they terminate their studies, regardless of the reason.
• The rented premises are only rented to the tenant for temporary use for the specific purposes of their studies. The special provisions of § 549 (3) BGB (German Civil Code) apply to the rental of student accommodation.
• The tenancy generally ends on the date specified in the rental agreement without the need for termination. A tacit extension of the tenancy after termination through continued use is excluded. Section 545 BGB therefore does not apply. During an early bird booking period, the tenant has the option of rebooking their apartment for the following semester. The landlord will decide on the new booking within four weeks and inform the tenant. There is no entitlement to a new booking of the same apartment.
• Please note that, in accordance with § 549 (3) BGB, §§ 556d – 556g, 557-561, 568 (2), 573, 573a, 573 d (1), 574–575, 575a (1), 577, and 577a BGB do not apply to student dormitory accommodation.

2. Rent payment and deposit

• The rent must always be paid in advance for the entire semester at the time of booking. A deposit must be paid. The payment method can be selected on the booking portal.
• The security deposit is OPEN. It will be settled by the landlord after the end of the tenancy. The security deposit or the unused portion of the security deposit will be refunded according to the payment method selected during the booking process. Deviating agreements must be taken into account in individual cases. In the case of international transfers, the landlord is entitled to deduct any bank charges incurred. The tenant may not offset the deposit against claims against the landlord during the term of the tenancy. Contrary to the statutory provisions, the limitation period for the claim for repayment of the settled deposit is only one year.

3. Handover of the rental property

• After signing the rental agreement and making payment, the tenant will receive an automated email with a description of the access options, the access code, and information about the building and the apartment. The handover of the apartment is contactless.
• Any defects in the rental property that are present at the time of handover must be reported to the landlord in writing (including by email) within 24 hours. If no notification is received within this period, the condition at the time of handover shall be deemed to be in accordance with the contract. The tenant loses his/her rights in respect of defects.
• The tenant is obliged to register with the registration authority within the statutory period, provided that there is an obligation to register. A landlord’s certificate will be issued on request.

4. Keys/access to the apartment

• Access to the rented property is via an app application on a smartphone via Bluetooth. When moving in, the tenant will receive the necessary information from the landlord to download the app, activate it, and activate it. If the smartphone is changed or lost, a backup created by the landlord will be activated. Any costs incurred shall be borne by the tenant.
• The landlord is also entitled to change or block the affected access if necessary in the event of misuse or loss of the smartphone.
• The tenant is not entitled to replace a lock installed by the landlord with their own lock.

5. Transfer of the rented premises to third parties

• Any subletting or transfer of use of the rented premises to third parties, even in part, is prohibited. This also includes the admission of family members. The same applies to the admission of third parties to the rooms occupied by the lessor/lessee. Violations entitle the lessor to terminate the contract without notice after prior warning. Rents already paid will not be refunded.

6. Warranty, liability of the lessor, and risk of reduction

• The lessor is only liable for defects caused by fault.
• The landlord’s liability generally requires gross negligence or intent, unless it relates to damage resulting from injury to life, limb, or health based on a negligent breach of duty by the landlord or an intentional or negligent breach of duty by a legal representative or vicarious agent of the landlord. If a defect in the rental property leads to property damage or financial loss for the tenant, the landlord is only liable in cases of intent or gross negligence if he himself cannot claim compensation from a third party (e.g., insurer) and a risk that is not typical for the contract (e.g., storage of valuable items) materializes.

7. Use of the rental property/keeping of animals/smoking

• In order to ensure harmonious coexistence in the rental property, it is necessary to observe the requirement to show consideration and the house rules.
• Due to the special living situation, animals are not permitted.
• Due to the special living situation, smoking is not permitted in the apartments.

8. Duty of care and cleaning obligations, liability of the tenant

• The tenant must treat the rental property with care and respect.
• It is not permitted to wash or dry laundry in the apartment, and washing machines may not be installed in the rental premises. The balconies/terraces may also not be used for setting up clothes drying racks. Only the laundry and drying rooms provided by the landlord may be used.
• Waste, ashes, harmful liquids, and similar items may not be disposed of in the sinks. Tenants who cause a blockage in the drain pipes shall bear the costs of removing the blockage and any consequential damage.
• The tenant must ventilate the apartment sufficiently. Ventilation must take place at least twice a day. Ventilation requires opening the window sashes (so-called “shock ventilation”). If possible, cross ventilation should be used. If cross ventilation is not possible due to the layout of the apartment, ventilation across corners should be used. Tilting the window sashes is not sufficient.
• The apartment must be heated in such a way that the room temperature is also sufficient in the outer wall or corner areas.
• The tenant is liable for damage to the rented property and its contents provided by the landlord if the damage was caused culpably or in any other way through the tenant’s breach of their duty of care, as well as through above-average wear and tear.
• The tenant is equally liable for culpably caused damage caused by visitors or vicarious agents, provided that they have entered into a relationship with the rental property at the instigation or with the consent of the tenant.
• If rental premises are rented to several persons (duplex apartments), the tenants are jointly and severally liable for all obligations and breaches of duty arising from the rental agreement.
• The tenant is obliged to keep the rented property free of vermin. If he/she culpably violates this obligation, he/she is obliged to compensate the landlord for the damage.
• The tenant is obliged to keep all escape routes clear at all times for the safety of all tenants. For reasons of preventive fire protection, bicycles or other objects may not be stored in escape and rescue routes (stairwells, fire escapes, hallways, escape balconies, etc.). As the landlord is obliged to keep escape routes clear, any items parked in violation of the rules will be disposed of or stored immediately and without notice at the landlord’s discretion and at the tenant’s expense. The landlord is not liable in the event of accidental loss or damage. The cost of replacing a bicycle lock that has been destroyed will not be reimbursed. The stored items can be collected from the caretaker by appointment for a fee of €25. Repeated violation of this obligation constitutes a breach of contract and a violation of the house rules. In this case, the landlord has the right to terminate the contract without notice.
• The rooms and facilities provided for communal use are not included in the rental agreement. The storage or parking of items that do not correspond to their intended purpose is prohibited. The items will be stored by the caretaker and can be retrieved for a fee of €25.

9. Defects in the rental property

• The tenant is obliged to notify the landlord of any sources of danger and defects that are present at the time of handover in accordance with § 3.2 within 24 hours of handover of the rented property. If the defect or source of danger only becomes apparent during the rental period, this must be reported immediately in writing (including by email).
• The lessee is liable to the lessor for any culpable failure to report or delayed reporting in accordance with § 536c (2) BGB (German Civil Code). The same applies to culpably incorrect reporting. Furthermore, the lessee is liable for consequential damage caused by improper action on the part of the lessee after the defect has been reported. The tenant shall be deemed to be at fault for failing to report the defect in particular if the defect is readily apparent to everyone.
• In the event of damage to the rented premises or damage to or loss of the furnishings rented with the premises, the tenant shall be liable for damages. The tenant is expressly advised that in the event of damage to the rented premises or damage to or loss of rented furnishings, it is their responsibility to prove that they are not responsible for the damage or loss.

10. Minor repairs and maintenance

• The costs for minor maintenance required during the rental period shall be borne by the tenant, unless the landlord is responsible for the damage. Minor maintenance (minor repairs) is defined as repairs that do not exceed EUR 150.00 (including VAT) in individual cases.

11. Access to the rented property

• The landlord is entitled to inspect the rental property at reasonable intervals during normal working hours to check its condition.
• The landlord is entitled to enter the rental property to read meters, to take water samples required by the Drinking Water Ordinance or ordered by the authorities, to carry out maintenance work, maintaining smoke detectors, or rectifying defects, as well as at any time to avert a danger to the life or health of persons and to investigate and rectify significant damage to property or disturbance of domestic peace.

12. Return of the rented property and statute of limitations

• The landlord is not obliged to take back the apartment before the end of the rental period, unless the parties have agreed otherwise. The tenant shall provide their new address at the latest upon return.
• The rented property must be handed over by the tenant to the landlord in a completely clean condition. All personal belongings must be removed. The parties agree that upon termination of the tenancy, ownership of the rented property shall pass to the landlord. Personal property that the tenant has left behind in the rented or shared rooms after returning the rented property, contrary to his/her obligation to remove it, may be removed by the landlord. The landlord is also entitled to immediately destroy items of no apparent value. Items taken into custody by the landlord shall be stored for one month without any liability. After one month, the items may be treated as lost property. The tenant shall compensate the landlord for all expenses incurred as a result of the failure to remove items or the failure to clean or poor cleaning. The landlord is entitled to refuse to return the tenant’s personal property until these and any other claims arising from the tenancy agreement have been settled in exercise of the landlord’s right of lien.
• Upon moving out, the tenant must hand over all keys to the landlord. Otherwise, clause 4 applies.

13. Parking of bicycles and motorcycles

• Parking motorcycles on the premises is not permitted.
• Bicycles may only be parked in the designated parking spaces. Incorrectly parked vehicles will be removed at the expense of the owner/holder without prior request to remove them (see Section 8.10.)

14. Miscellaneous

• The tenants authorize each other, until further notice, to receive and deliver declarations of intent to the landlord.
• The landlord shall exercise domiciliary rights, which may be delegated to the responsible caretaker.
• Should individual provisions of the rental agreement or the general rental conditions be invalid, the remaining provisions shall remain valid. A substitute provision to achieve the same economic or legal success shall be deemed agreed within the limits permitted by law.
• Other agreements are only valid if they are set out in writing and signed by the tenant and the landlord.
• The tenant agrees that his/her personal data may be included in the files kept by the landlord and used there for internal purposes. Data will only be passed on to third parties if the lessor is obliged to provide information (e.g., registration authorities, police). After termination of the rental agreement, the data will be destroyed in compliance with data protection regulations.