Wohnungs-Mietvertrag (Englisch) - Tenancy Agreement for Residential Premises (Seite 3)

The landlord can only demand a supplementary payment for the heating and operating costs if he provides the tenant, no later than 12 months after the end of the accounting period, with a written statement of accounts proving that the advance payments for the operating costs were insufficient. In case the accounts result in a credit balance in favour of the tenant, this shall be paid out immediately. The landlord is not entitled to offset a credit balance against any claims that are disputed or have not been established as final and absolute. The tenant must inform the landlord no later than 12 months after receipt of the statement of accounts of any objections against the statement of accounts.

Supplementary demands by the landlord must be paid within 4 weeks of receipt of the proper statement of accounts. The landlord grants the tenant the opportunity to inspect the calculation notes. The tenant can ask for copies of the calculation notes to be sent to him by post in return for a reimbursement of adequate photocopying costs and postage.

In the event that the advance payments exceed or fall short of the actual costs, each contracting party may adjust the advance payment to a suitable level.

The landlord must ensure the central heating is operational when dictated by the weather, but at least during the period from 15 September to 15 May. Between 6.00 a.m. and midnight, a temperature of at least 20°C to 22°C must be reached in the heatable rooms. During the rest of the night, 18°C will be sufficient.

The landlord must provide hot water day and night.

Outsourcing of heating and hot water supply or other services (such as TV/radio reception) to a third party is only permissible with the tenant's consent. In case of performance default, the tenant is also entitled to assert his warranty claims vis-à-vis the landlord under the landlord and tenant law.

The landlord provides the tenant with a complete copy of an energy performance certificate that complies with the German Energy Saving Regulations. He assures that this energy performance certificate is correct.

The tenant must inform the landlord immediately about any obvious defects in the apartment.

In the event that the flat has considerable defects or does not have a guaranteed feature, the tenant is entitled to reduce the rent to an appropriate level until the landlord remedies the defect. This does not affect other claims such as the claim to performance and the claim for damages.

In the event that the landlord does not have the notified defect remedied within one month or immediately in urgent cases, despite a reminder by the tenant, the tenant is also entitled to remedy the defects at the expense of the landlord. For that purpose, the tenant can employ the services of specialist companies and withhold an appropriate amount from the next rent payment as a retainer.

The tenant is liable vis-à-vis the landlord for damage culpably caused by himself, his flatmates, housemaids, lodgers and any tradesmen commissioned by him after moving in.

The tenant must tolerate any measures in the flat or the house that are required to maintain the flat or the building (maintenance and repair measures).

The tenant must tolerate measures taken to improve the flat or other parts of the house or to save energy or water (modernisation), provided the planned measures and the anticipated rent increase would not result in an unreasonable hardship for him, his family or another member of his household.

Expenses payable by the tenant during the construction work must be reimbursed by the landlord; upon request, the landlord must make an advance payment. These expenses will not result in a rent increase.

The landlord must inform the tenant in writing 3 months before the commencement of construction works about the type of work, their extent, commencement and anticipated duration as well as the anticipated rent increase. The tenant is entitled to terminate the tenancy agreement by the end of the month following the month of such an announcement; such termination will then become effective at the end of the month following termination. In the event hat the tenant has terminated the agreement, the construction work must be postponed until the end of the tenancy. The latter does not apply to work that has no or only minor effects upon the rented rooms or that is urgently required for safety reasons.