Rent

The tenancy agreement is a binding agreement between the tenant and landlord, provided that its content is based on applicable law. The tenancy agreement can be concluded for a definite or indefinite period.

If you are renting an apartment, you should insist on a written tenancy agreement. Check the contract thoroughly before you sign it.

The tenancy agreement obliges the landlord to hand over the apartment to the tenant in a suitable condition. The tenant undertakes to pay the landlord the agreed rent regularly and punctually and to keep the apartment in good condition.

The rental agreement describes the location and size of the apartment as well as the number and type of its rooms, including the cellar rooms. Both the amount of the basic rent (also known as cold rent) and the amount of the additional general operating costs as well as costs for heating and water (together known as warm rent) are specified in the contract.

The tenancy agreement also stipulates when rent must be paid, namely on the third working day of the month at the latest. It also stipulates when and how the tenancy agreement can be terminated and the apartment returned to the landlord.

Agreements on cosmetic repairs and maintenance of the apartment are also stipulated in the tenancy agreement.

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The general operating costs and costs for heating and water are important components of the tenancy agreement and are shown as flat-rate monthly advance payments in the tenancy agreement.

The general operating costs primarily include

• Heating and hot water supply costs
• Cold water and waste water costs as well as rainwater
• Property tax and building insurance
• Costs of building and street cleaning and waste disposal
• Costs of the janitor
• Costs of house lighting, possibly elevator costs.

The costs for heating, hot water and cold water depend on consumption. For this reason, the water meters and heat cost allocators are read annually, usually at the beginning of January, and the actual costs are billed. If necessary, the tenant must grant access to their apartment for this purpose.

The result of this annual statement of operating costs is a credit balance or an additional claim and is communicated to the tenant during the current calendar year for the year billed. If you do not agree with the statement, submit your objection in writing to the landlord within 4 weeks of receiving the statement.

The actual costs of accommodation, including operating and heating costs, are therefore only calculated and determined after the annual statement of operating costs.

If the additional claim is particularly high or low, the monthly advance payments for the following year can be adjusted by the landlord to avoid very high additional claims in the future. The landlord may also be able to increase the advance payments in the event of an increase in energy prices. The tenant will be notified in writing in advance of the intended increase in advance payments.

If you receive social benefits

If you have to make an additional payment according to the utility bill, you can apply to jenarbeit or the social services department to have this additional payment covered if you receive benefits from these authorities.

The informal application must be submitted immediately after receipt of the utility bill. A copy of the complete annual statement must be enclosed. You can also apply for the additional operating costs to be paid for tenancies that no longer exist if you are still receiving ALG II or social welfare benefits at the time.

An additional operating cost claim will only be paid in full or in part as a grant or loan if the costs were not caused by inefficient consumption. You should therefore ensure that you use heating and water sparingly.

A credit note from the annual utility bill must also be submitted immediately to jenarbeit or the Social Services Department, as it is considered income and must therefore be taken into account when granting benefits.

As a rule, the agreement on a rental deposit is part of the rental contract. The rental deposit is a security deposit provided by the tenant. It serves to secure potential claims by the landlord arising from the tenancy, e.g. due to claims for damages, outstanding rent payments and others.

The amount of the deposit may not exceed 2 to 3 basic rents. In Jena, it is usually 2 basic rents. The deposit should always be paid in full at the beginning of the tenancy.

If you are not in a financial position to do so, payment of the deposit in installments is only possible by prior agreement with the landlord. The first installment must be paid at the beginning of the tenancy.

The rental deposit is usually invested in a tenant's savings book, which is pledged and handed over to the landlord.

The rent deposit is to be repaid to the tenant in full and with interest if no damage has been caused by the tenant during the term of the tenancy and there are no rent arrears or an outstanding claim from the utility bill.

Otherwise, the landlord's claims against the tenant will be offset against the rental deposit and, if applicable, only a pro rata repayment will be made. The landlord generally has 3 to 6 months after the end of the tenancy to return the rental deposit.

If the landlord asserts claims arising from the tenancy, he must draw up a list of the claims, stating the reason and amount. If you do not agree that you will not get the deposit back (in full) and you cannot reach an agreement with the landlord, you can take legal action at the local court in your place of residence.

To rent an apartment that belongs to a housing cooperative, you must buy into the cooperative. You acquire shares and thus become a voting member who has a say in housing matters. The amount of these shares varies from cooperative to cooperative. When you move out, your share payments will also be refunded to you within one financial year.

If you receive state benefits and are unable to pay the deposit or cooperative shares from your own funds, ask your local authority about financing options.

The apartment is handed over to the tenant on the agreed day. Please take a close look at your new apartment. A so-called handover protocol will be filled out, in which any existing defects will be recorded.

The type and number of keys issued to the tenant will also be noted. In addition, the meter readings of the water and electricity meters and heat cost allocators are recorded in writing.

You and the property manager as the landlord's representative or the landlord himself sign the handover protocol. You will receive a copy.

As a tenant, you usually give the landlord direct debit authorization for your account or pay your rent by standing order. This ensures your regular rent payment. Cash payment is not usual.

If you are a recipient of benefits from jenarbeit or the specialist social services, it is also possible to transfer the rent directly to the landlord at your request. You must inform the relevant authority of your request in writing.

If you want to move into your new home, there is a lot to organize. Depending on the size of your household, you can organize the move yourself, e.g. with your own car or that of a friend.

Do you need a larger car? With the appropriate driving license, you can also rent a van online from various providers.

You may also want to outsource the move completely. In this case, you can obtain quotes from professional removal companies and find the right provider.

Take note of the opportunities for parking in front of your previous and new home. If you can assume that parking options are limited and you need free space, please contact the traffic regulations team and apply for a ban on parking due to the move.

Removal costs

If you wish to claim your removal costs from a benefits authority, you must apply separately for the payment of the rent deposit, removal costs, etc. before signing the tenancy agreement. The applications should be made in writing and be sufficiently substantiated.

In general, the relocation costs and the rent deposit are covered if the relocation is necessary or was arranged by jenarbeit or the specialist social services department and the costs of the future home are reasonable.

As a rule, relocation is recognized as necessary when taking up gainful employment outside Jena, in the event of separation of spouses or in the event of serious health hazards or due to unreasonably cramped living conditions.

In principle, a move is not necessary if a child in the community of need has reached the age of majority, if the apartment is poorly furnished or if there is merely a desire to move to a different residential area.

Moving costs are covered for renting a vehicle and for moving boxes.

If the move cannot be carried out independently, e.g. due to health restrictions, at least 3 removal cost estimates from removal companies must be submitted to jenarbeit or the specialist social services department. The costs will then be covered on the basis of the cheapest offer.

After the move

After your successful move, you must immediately register your new place of residence at the residents' registration office, in Jena at the Citizens' Service. It is best to make an appointment for the two-week period after the move before you plan to move.

It is helpful if you arrange a forwarding order with the post office. This will give you time to initiate any other necessary re-registrations. While you are forwarding your new address to the relevant offices, mail to your previous address will also reach you at your new home.

Please notify the relevant authorities, your employer, the licensing office, the health insurance company, the license fee office and insurance companies of your new place of residence. Also notify your internet, telephone and energy providers of the change.

Links

• Register your apartment
• Reregister apartment

Immediately after moving into your new apartment, you must register with Stadtwerke Jena or another energy provider of your choice and sign a supply contract for electricity and, if available in the apartment, also for gas.

To do this, please contact the provider of your choice. Sometimes your landlord will also do this for you after you have signed the tenancy agreement.

To save energy and therefore costs, purchase household electrical appliances in energy efficiency class AA or A. Use energy-saving light bulbs. You will also save money if you disconnect high-consumption appliances such as televisions or computers from the mains before going to bed or when you are away for long periods.

The house rules regulate the coexistence of all residents in the building. They apply to everyone and contain your rights and obligations. Please be sure to observe the regulations in your house rules. This is a generally applicable framework which may vary from landlord to landlord.

The house rules regulate the following aspects of living and renting:

1. Noise: Avoid unnecessary noise pollution. Noise is prohibited during the midday rest period.
2. Safety: Close front doors and cellar entrances behind you and keep escape and rescue routes clear.
3. Cleaning: Clean stairs and corridors according to the cleaning schedule and use the facilities for separating waste types (see utility companies).
4. Ventilation: Observe the recommendations for ventilating the home to prevent dampness and mold growth.
5. Vehicles: Observe the regulations on parking bicycles and vehicles.
6. Keeping pets: Find out about the regulations on acquiring and keeping pets.

Keeping pets

If nothing has been agreed in the tenancy agreement regarding the keeping of pets, the tenant may acquire small animals without the landlord's permission, but must obtain permission from the landlord for larger animals. It can also be agreed in the tenancy agreement that the keeping of animals requires the landlord's consent.

The tenant may not be generally prohibited from keeping pets, but may be expressly prohibited from keeping dogs and cats. In this case, only small animals such as ornamental fish, hamsters, mice or budgerigars may be kept.

An exception is the keeping of a guide dog if required. This is always permitted.

If the animals significantly disturb the other tenants, a permit to keep animals can be revoked. The landlord may, for example, revoke the permit for a dog that barks incessantly every day.

Defects such as mold infestation or a non-functioning heating system should be reported to the landlord in writing if possible. Damage must be rectified by the landlord within a reasonable period of time.

If the landlord is responsible for the defect and it cannot be rectified in the short term, the tenant is entitled to a rent reduction.

Mold is a defect like any other. However, it can also be caused by incorrect heating and ventilation behavior on the part of the tenant. The formation of mold does not entitle the tenant to terminate the contract without notice.

Cosmetic repairs

Cosmetic repairs are legally and contractually regulated work intended to compensate for the wear and tear of the apartment due to normal use.

The cosmetic repairs to be carried out by the tenants during use include wallpapering and painting the walls and ceilings, maintaining the floors, interior doors, windows and the inside of the apartment door.

Tenants should carry out these repairs professionally and at their own expense during the tenancy, especially if the apartment is subject to heavy wear and tear.

They also bear the costs of minor maintenance services, i.e. for the repair of damage to electrical, water and gas installations, heating systems and window and door locks.

At the end of the tenancy, the tenants must carry out all necessary repairs to compensate for or remedy significant wear and tear or damage to the apartment.

On the other hand, the landlord may not demand that the apartment be renovated or painted in a certain color when the tenant moves out. Normal and appropriate signs of wear and tear, such as light scratches, signs of wear and tear, which are not due to gross negligence, do not have to be removed by the tenant.

The landlord is entitled to carry out modernization measures that serve to maintain or improve the rented property, to save energy or water, etc.

The tenant must tolerate such measures if they do not cause hardship for him, his family members or members of his household. After the modernization measures have been completed, the landlord is entitled to increase the monthly rent to a legally regulated extent.

In addition, a landlord may, within the statutory provisions, increase the rent due to a general increase in operating costs or in order to adjust the rent to the current rent index.

Tenants are informed of this in writing in advance. In the event of a rent increase, tenants have a special right of termination.

The tenancy can be terminated by the tenant with due notice. The notice of termination must then be received by the landlord no later than the 3rd working day of a calendar month to the end of the month after next.

As it is not the date on which the notice is sent but the date on which it is received that is relevant, it is advisable to send the notice by registered letter with acknowledgement of receipt. You can also hand it in personally and have a copy of it confirmed.

At the end of the tenancy, at the latest on the handover date, the tenant must vacate the apartment completely and restore it to its original condition.

Structural alterations made independently during the tenancy must be removed (e.g. partition walls).

The landlord is entitled to terminate the tenancy without notice for good cause, in particular if the tenant is in arrears with the rent payment and the amount of the arrears is 2 months' rent. In this case, the monthly rent also includes monthly advance payments for ancillary costs.

The landlord will also terminate the tenancy if the tenant does not use the apartment in accordance with the contract or generally behaves contrary to the contract and this significantly disrupts the rights of the landlord or the coexistence of the tenants.

This includes, for example, damage to the apartment, disturbance of the peace through noise and the like.