Rights and obligations of a rental agreement
Rental contracts can be prepared individually or handed over to the tenant as a standard form. When drawing up a rental agreement individually, the landlord has the right to freedom of contract, which, however, is subject to certain limits set by the legislature.
Again and again clauses sneak into the rental agreement, which would curtail the rights of the tenant. You should therefore find out in advance which frequently used clauses are not valid.
Furthermore, the tenant should be aware of the meaning of certain clauses. For example, what obligations does the tenant have to fulfill if contractual cosmetic repairs have to be carried out. What lies behind the most popular clauses is explained in the following sections.
Repairs and beauty treatments
One of the most common rental clauses are the cosmetic repairs mentioned above. According to the tenant lexicon of the German Tenants’ Association, cosmetic repairs describe “all painting work that is necessary to put the rooms in a condition suitable for renting”.
Invalid additional clauses for cosmetic repairs include restrictions on the choice of color or wallpaper for the walls. The tenant may not be asked to remove floor coverings or wallpaper. In addition, an annual upper limit must be set with regard to the total costs for cosmetic repairs. In addition, a single repair may not exceed 100 euros net.
This is evident from judgments of the Federal Court of Justice. Thus, the tenant is obliged to treat the apartment appropriately, whereas the landlord has to keep the property in good condition.
Furthermore, a contractually anchored clause regarding renovation is also ineffective when the tenant moves in and/or moves out. The landlord can only request a renovation before moving out if the tenant has received it in a renovated condition.
Clauses on deposit, termination and Co.
The following clauses are rarer than clauses on cosmetic repairs and renovation work, but you should know them in order to be able to insist on your own rights in a tenancy.
Clauses regarding the termination of the contract can be found again and again. For example, clauses oblige the tenant to refrain from giving notice for more than four years, or there is a notice period that provides for more than three months. These clauses are void.
The landlord may not contractually reserve the right to terminate the contract for reasons other than those recognized by law.
Clauses that determine the type and amount of the deposit cannot be set arbitrarily. They are ineffective if a deposit exceeds three cold months’ rent or if the deposit is requested before moving in. In addition, the deposit does not have to be paid in one go. If the deposit is placed in an interest-bearing special account, the tenant is entitled to the interest. In addition, the deposit must be paid back to the tenant immediately and in full after the end of the rental agreement.
During the tenancy, the landlord may not contractually agree to any general visiting rights. Accordingly, the landlord has no right to inspect the apartment unannounced, without reason, at short intervals, in the absence of the tenant or with short notice, i.e. less than 24 hours.
Visitor bans are ineffective
Any clauses that ban visitors or overnight stays are also invalid.
Subletting must also not be ruled out in general. Furthermore, no rent supplement may be demanded for any sub-letting.
The same applies to pets, but here too no general ban may be imposed. The consent of the landlord does not have to be obtained before acquiring a pet. In addition, small animals such as birds, fish or guinea pigs are generally permitted.
Henry Ely / Editor finanzen.net
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