When does a rental contract apply?
You have found an apartment that fits exactly. It was difficult for you to find a suitable apartment on the housing market. Often there is no time to think twice. You want to get the rental agreement quickly. So that there are no rash actions, you should calm down and pay attention to a few things, for example the question of when the rental agreement actually applies.
From when the rental contract is binding and applies
They are very happy. The apartment you have looked at will suit you exactly. Now you want to make a quick commitment. You feel rushed by other interested parties and want to act quickly. But consider beforehand when the rental contract actually applies and is binding.
- Errors can creep in if you give up prematurely, even though you have not calmly examined the situation again. You are already bound by a clear verbal agreement that you have made with the landlord. A rental contract is already concluded. So before you make a commitment, you should think twice.
- If you have concluded a rental agreement - verbally or in writing - you generally no longer have a right of withdrawal. If you cannot move in now for personal reasons, it is not possible to withdraw from the contract. You can only terminate and have the contract within the period of notice provided rent to pay even if you have not moved into the apartment. If you get help with your livelihood, you must first clarify with the responsible authorities whether the rent is okay before you rent the apartment.
- Before you sign the rental agreement, it is therefore important to clarify whether you want to take over the apartment as it is. By signing the rental agreement, you agree to the condition of the apartment at the same time. You are then no longer entitled to rework if the apartment has not yet been renovated or the carpet is stained.
Rental agreement and handover protocol
- As a new tenant, do not sign the rental agreement without checking. Take a close look at what you as a tenant have to do and what not when you hand over the apartment. You should also find out in advance about the type and amount of the deposit, which is applicable according to the contract. If there are fixtures in the apartment that you want to take over, you must do so when you move out remove it again if you have accepted the fixtures with your signature in the handover protocol to have.
If you move out of your old apartment, you have to give the rental apartment to the new tenant ...
- As a tenant, you are generally not obliged to sign a handover protocol. However, a handover protocol is useful. It is a protocol independent of the rental agreement. Take a close look at the apartment with friends, take an inventory, record defects and take photos. This will prevent you from having to pay for damage when you move out that you did not cause.
- When the apartment is handed over, the rental contract is already signed. You have received a copy for your records. When handing over, make sure that the landlord signs the handover protocol and that you also receive a copy for your documents.
- Check in the rental agreement who is responsible for the water supply and whether you have to register with the waterworks yourself. When you move in, read the level of the water meters and have witnesses confirm the consumption. Remember that too current to register and read the old meter reading together with witnesses.
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