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landlords

general business terms for landlords

Definitions

City-Wohnen: City-Wohnen Immobilien und Beratung GmbH Berlin (City-Wohnen Berlin) and/or City-Wohnen Immobilien und Beratung Hamburg (City-Wohnen Hamburg) depending on with which agency the registration form has been completed
City-Wohnen Berlin: City-Wohnen Immobilien und Beratung GmbH Berlin
City-Wohnen Hamburg: City-Wohnen Immobilien und Beratung Hamburg e.K.
Agency: City-Wohnen Berlin or City-Wohnen Hamburg
Landlord: Provider of housing with City-Wohnen or provider’s representative (such as property management). 
Rental Contract: Rental agreement, both verbal and in writing.
Apartment: Residential space; includes house or other forms. Multiple residential spaces also included.
All-Inclusive rent: Monthly rent including all additional costs.
 

  1. Commissioning
    1. You commission City-Wohnen with the marketing of your apartment for the purpose of rental.
    2. City-Wohnen, as specialist for temporary living, will market your apartment in the customary manner and facilitates the contact between you and prospective tenants regarding the letting of your apartment.
    3. A service fee is to be paid to City-Wohnen by the Landlord in the case of a successful brokerage.
       
  2. Duration and Cancellation
    1. The commissioning is for an unlimited amount of time for the consecutive marketing of the apartment and does not end by a rental.
    2. Either party can cancel the commissioning in textform at any time. The rights of use and the notification obligation that arise from §§ 7.1., 7.2. and 8.1., 8.2. 8.3. (if the tenant was brokered by City-Wohnen) and 12.1. to 12.5., remain unaffected.
       
  3. Obligations of the Landlord
    1. You confirm that all your details are complete, correct and up to date.
    2. As a Landlord you are obliged to observe all laws and regulations concerning letting the apartment (such as the misuse of the residential space) and to provide City-Wohnen with all necessary documentation.
    3. You assure City-Wohnen explicitly that you are entitled to let, or sublet, the entire apartment or part thereof as the case may be.
    4. You agree to inform City-Wohnen immediately if you are offering your apartment through other sources, especially if you are offering it at a different price.
       
  4. Energy Certificate
    You are aware that City-Wohnen must publish all energy characteristics from the current energy certificate of your apartment. You exempt City-Wohnen from all claims, in particular for possible legal costs, resulting from either faulty information or information not delivered by the landlord.
     
  5. Exposé
    1. With the help of the binding information provided by the landlord, City-Wohnen creates a detailed exposé, optimized for search engines, which also meets the technical requirements of various real estate portals.
    2. The exposé is considered a binding template for the marketing of the apartment and for the drawing up of the rental contract by City-Wohnen.
    3. City-Wohnen reserves the right to reject requests by the landlord for changes to the exposé.
    4. The all-inclusive rent is published in the exposé, regardless of whether the utility costs are listed as a lump sum or as an advance payment. Optional costs are listed separately.
       
  6. Advertisements
    1. City-Wohnen publishes an object description, including street name, images and a floor plan (if available) on www.city-wohnen.de and on other relevant real estate portals. Neither your contact information nor the house number will be published. A right to the advertisement or publishment of your exposé on certain portals does not exist.
    2. You agree, for the duration of the commissioning, not to advertise your property in the media and internet portals where City-Wohnen advertises. You agree, in particular, not to create any type of link to any media or other website leading to the published exposé and/or photos and/or floor plan from City-Wohnen.
       
  7. Rights of use photo material and floor plans
    1. The copyright for the pictures and floor plans created by City-Wohnen belongs to City-Wohnen. City-Wohnen is entitled to publish this materiel and to use it for their own purposes.
    2. Linking to, copying, or saving the images and floor plan material, as well as providing them to third parties, is strictly prohibited.
    3. City-Wohnen shall decide on the necessity of creating as well as the selection of the photographic material for the exposé.
    4. City-Wohnen revises and digitalizes floor plans based on sketches or templates provided by the owner. Floor plans are for the purpose of orientation of the premises. The floor plans are therefore mostly not to scale. Furniture and dimensions are not included.
       
  8. Notification and declaration obligation of the Landlord
    1. You agree to inform City-Wohnen immediately and to declare the name of the tenant once a lease has been concluded, regardless of whether this rental was brokered through City-Wohnen or not.
    2. In cancelling the contract with City-Wohnen, you declare that no tenant was found through the marketing by City-Wohnen and that such an agreement will not be made in the next two years with prospective tenants or tenants already provided by City-Wohnen.
    3. You commit to inform City-Wohnen promptly when an extension of the lease is intended, at the latest one month before expiry of the initial lease.
    4. You commit to inform City-Wohnen as soon as important details concerning the apartment or contact have changed, if no viewings are possible, as well as of any other circumstances that could stand in the way of a successful brokerage.
    5. You commit to inform City-Wohnen immediately should tenants or prospective tenants known to you through City-Wohnen enquire for third parties or for other rental periods.
    6. You commit to inform City-Wohnen immediately when construction work, which may affect the rental, is planned in the building or in the adjacent buildings.
    7. If you have previous knowledge from other sources about a prospective tenant proposed by us, this previous knowledge should be disclosed to us within three days. Otherwise you are obligated by way of compensation for damages to reimburse those expenses which arise due to your leaving us in ignorance of the existing previous knowledge. 
  9. Client protection
    1. You agree to let only the apartment(s) offered through City-Wohnen to prospective tenant(s) provided to you by City-Wohnen. Failure to do so will see you liable for the maximum fee.
    2. You commit not to provide data from prospective tenants or tenants that have been provided by City-Wohnen, to other landlords. In case of non-compliance, you are liable for the maximum fee.
    3. The maximum fee is also due if a prospective tenant or tenants provided by City-Wohnen contact you for another potential tenant and this contact results in a rental contract. This is especially important for corporate customers and for customers who are looking for an apartment on behalf of another party. The fee is also due if the contractors of the lease remain the same, but the resident changes. This could be, for example, different company employees and their families, or if the apartment resident / company employees and their families remain, but the parties change in the lease, or if a new lease for the apartment resident is drawn up.
       
  10. Preparation of the rental contract
    1. City-Wohnen draws up the rental contract for your rental, based on a legally approved rental contract. City-Wohnen provides the individual contract to the rental parties. The verification of the signatures is the responsibility of the rental parties.
    2. The landlord can use their own rental contract template only if prior notice has been given to City-Wohnen.
    3. A copy of the rental contract signed by both parties is provided to City-Wohnen without being requested.
    4. City-Wohnen is not party to the rental contract.
       
  11. Costs
    1. In the case of a successful brokerage, the following service fee is to be paid by the landlord to City-Wohnen: 

      ► Service Fee City-Wohnen Berlin
      ► Service Fee City-Wohnen Hamburg
       
    2. City-Wohnen offers coordinated partial payments based on the rental period, which are to be regarded explicitly as installment payments. The total claim is thereby always maintained and taken when the rental period is extended. The total sum of installments does not exceed the total fee. If the total sum of the partial payments at the completion of the rental period is less than the total claim, City-Wohnen will waive the difference, taking into account the rules in §11.6.
    3. The basis for calculation of the fee is the all-inclusive rent including all additional costs.
    4. In exceptional cases, where the basis for calculating the fee is the basic rent, a fee of 200% of the basic rent plus VAT is due. A scale with partial payments will not be offered in this case.
    5. The fee is due immediately after the conclusion of the lease - be it oral or in writing - irrespective of the move-in date.
    6. If a lease is terminated early, no fees will be refunded. In the case of an ordinary termination, overpaid fees will be refunded.
       
  12. Right to compensation or service fees
    1. City-Wohnen and tenants proven to be from City-Wohnen have a right to a proper level of compensation for all costs incurred by unauthorized rental.
    2. City-Wohnen has a full right to the service fee in the case of fraud and/ or evasion.
    3. City-Wohnen is entitled to a proper level of compensation, should a rental contract, which is ready for signature, fall through due to false information provided by the landlord. False information is to be understood as, in particular, the amount of rent or furnishings.
    4. City-Wohnen is fully entitled to the service fee if prospective tenants provided by City-Wohnen rent an apartment from the landlord, which is not advertised by City-Wohnen. It is irrelevant whether this apartment is in the portfolio offered by City-Wohnen.
    5. City-Wohnen can demand reasonable compensation for lost fees if you rent your apartment through another source at a lower rental price than your offer with City-Wohnen without giving prior notice that your apartment is being offered at a lower price through other sources.
       
  13. Data protection
    1. City-Wohnen will treat your data confidentially and will only pass on your information to a third party in the interest of marketing your apartment.
    2. Likewise, the landlord must treat the data from interested parties confidentially.
    3. City-Wohnen is obliged by law to keep your data for a specified period after expiration of the commission.
       
  14. Limitation of liability
    1. City-Wohnen assumes that all data provided and published is correct and maintains their databank with the utmost care. However, City-Wohnen assumes no responsibility for the accuracy of the data. Changes to data can be carried out at any time.
    2. The liability of City-Wohnen for the case of unsuccessful mediation, for lack of prospective tenants, or for a rental contract falling through is explicitly excluded.
    3. City-Wohnen assumes no liability for claims arising from the rental contract, i.e. lack of rental payments or damages to the leased property or for damages arising from the breach of contract by the renter.
    4. City-Wohnen shall not be liable for any damages or claims arising from an unauthorized rental.
    5. City-Wohnen assumes no responsibility for the creditworthiness of, or for false information from, the interested party.
    6. City-Wohnen is not liable for the constant availability of, and changes to, its website.
    7. City-Wohnen is not responsible for the availability, content or accuracy of the websites to which they provide a link. Any use of linked websites is at your own risk.
    8. Google Maps is integrated into the website of City-Wohnen and its use is subject to Googles Terms of Service. City-Wohnen shall not be liable for violations of the Terms of Use by users of the website and liability claims for violations that are committed by the user are to be referred to the user.
    9. City-Wohnen is not responsible for the functioning of the real estate portals where their ads appear.
    10. Claims for damages against City-Wohnen are excluded unless they are founded on malicious aforethought or gross negligence or, in the case of injury to life, limb or health, active negligence or strict liability. The limitation period for asserting a claim for damages is one year. The start of the limitation period is determined by the statutory regulations.
       
  15. Credit check
    1. City-Wohnen offers you as the landlord the possibility to conduct a SCHUFA-credit check.
    2. Landlords who commission City-Wohnen for the marketing of apartment, agree to a SCHUFA-credit check under the following terms:
      • You authorize City-Wohnen to organize the credit check. For this purpose City-Wohnen has a contract with the Credit Check Institution “SCHUFA”
      • In order for City-Wohnen to fulfill the contractual requirements to the "SCHUFA", you are required to provide the following information: a) Outstanding debts for title claims arising after an effective termination in accordance with §§ 543 para. 2 Nr. 569 569 Para. 3 BGB (German Civil Code) or due to default of payment in accordance with § 573 para, 2 Nr. 1 BGB. b) If a debt is reported to SCHUFA, you are obliged to inform SCHUFA when the debt has been settled.
      Processing or use of this information through City-Wohnen to another person, for purposes other than those stated is explicitly forbidden. City-Wohnen exempts you from all claims submitted directly against you, resulting from unrelated process and use.
       
  16. Dual activity
    City-Wohnen is also entitled to work or to take action for the potential tenants - with or without charge. In the case of dual activity City-Wohnen is committed to impartiality.
     
  17. Changes to the Terms and Conditions
    City-Wohnen has the right, at its sole discretion, to make changes to the terms and conditions, to the site, the application, or to the services at any time without prior notice. Changes will be posted on the website and you will be notified by e-mail. If you continue to use our services or you do not object within 2 weeks after notification, it will be deemed as consent. It is irrelevant whether you have read the changes.                                                                                                                                      
  18. Participation dispute settlement procedure

    City-Wohnen Berlin and City-Wohnen Hamburg voluntarily agree to participate in the dispute settlement procedure under the VSBG (Verbraucherstreitbeilegungsgesetz) - consumer dispute settlement act. The Allgemeine Verbraucherschlichtungsstelle - general consumers' office - (§ 4 para. 2 clause 2 VSBG) of the Zentrum für Schlichtung e.V. - center for conciliation, www.verbraucher-schlichter.de

  19. German law and place of jurisdiction
    1. German Law applies to contracts from providers of housing who commission City-Wohnen.
    2. Place of jurisdiction for providers with City-Wohnen Berlin is Berlin and place of jurisdiction for providers with City-Wohnen Hamburg is Hamburg, unless the client is a trader or a corporate body organized under public law, or does not have a place of residence in Germany.

 

As of 2017.03.01

 
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