Signing the papers...
Usually
relations between tenant and landlord are well - there are no problems,
yet. Given there is some degree of sympathy or the landlord makes some
concessions, the tenant tends to sign the contract without reading it properly.
The
most common issue is the first issue of the additonal costs, the so called
"Nebenkosten". For example extra costs are devided according to square
metres, quite unfair from a Single's point of view and a plus for the family
of 6. At a later date, it will be close to impossible to change the way
extra costs are devided.
Many tenants are greeted
with a supposedly standard contract and sign it without properly verifying
the individual paragraphs. But problems do arise with time. The tenants
associations keep an eye on contracts that contain invalid / illegal clauses,
especially since contracts by the landlord associations often shift privileges
towards the landlord.
Not even a "standard"-contract
can offer protection. Many contracts issued by landlord associations contain
or contained clauses that violate the German renting law or the law of
the "Allgemeine Geschäftsbedingungen“ - the general terms of business,
often only uncovered in court.
It is thus highly recommended
to compare the contract you are offered with the one
distributed by the German tenant's association (Deutscher Mieterbund).
This gives you the chance to ask for changes accordingly.
One rule always applies
- illegal clauses must not be fullfilled - even then, if you accepted them
through the contract. In such cases the general legal clauses stated through
the landlord-tenant law step in. Even if the tenant is asked to wire money
in advance he is protected by the law. The tenant can ask any money that
has been paid in addition to the required amount to be wired back.
-
Meaning
of the general terms of business
-
Landlord's
Questions
-
Forms
of deposit