Friday, November 5, 2010

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Lease: Beware falling

Not everything that is in the lease, or otherwise. The most common traps and pitfalls.

not sign lease prematurely: Not everything that calls for the landlord, the tenant must also accept. Photo: Fotolia

Finally, the lease for the dream home. But not rush to sign, because not everything that calls for the landlord, must be accepted. Thus it is no dispute later, read only at rest and pay attention to certain details.

pitfalls in the lease

· tenant is, who signed the lease. For married couples last a signature - but both spouses should be named.

· liable With a residential community anyone who signs in full for the rent. If the WG wants to terminate the lease also need to re-sign everyone.

· Whether the rent is reasonable for the area, can see in the rent index. The landlord, however, largely free hand as he demands a lot.

· respect for Season Hiring Under such a contract, the right to terminate the tenant will be excluded for up to four years. The rules set out in the Staffelmietvereinbarung rents continue to apply even if the customary reference rent decreases. Conversely: if the local comparative rent on average, The landlord is bound by the agreed seasons.

· The deposit may not exceed three months' rent. The calculation is the net rent. Important: The deposit must not at once but can be paid in three equal installments. A bank guarantee in addition to the cash deposit will only be permitted if the total does not exceed three months' rent.

· brokers must for their successful work up a commission of two net rents plus VAT charge. As the owner, proprietor or manager of the apartment, the broker is not entitled to commissions. Price-bound or social housing, there are also no commissions.

· contracts with mutual exclusion to avoid cancellation (up to four years) better. They bind even when you look at the apartment may not provide, or may want to move for other reasons. Without a notice of early redemption period of three months.

· The apartment size in square meters should be specified in the contract. Deviations of up to ten percent are considered tolerable. With significantly smaller apartments, the rent will be reduced accordingly.

· For Beauty repair clauses in the lease, the period rules should not be rigid. Invalid clause providing that at least every three years, kitchen, bathroom and shower, every five years living and sleeping rooms, hallways and toilets, and every seven years renovating the other side rooms will have. Such time limits are noisy Federal Court to undertake short and the tenant then to painting, if it may not even be necessary. This is an advantage for the tenant: An invalid clause means he does not need painters, which is then the responsibility of the landlord.

· Well, if it is included in the lease no small repair clause. Then the tenants even in small amounts will not be asked to pay.

· rabbit farming is allowed and must be in principle the agreement is not listed separately. For larger animals such as dogs, the consent of the landlord is required - except in the lease the consumer is explicitly allowed.

Immowelt 05/11/2010