Fixed-term lease agreement in the student dormitory.
August 19, 2009 | 40,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
Since 1.8.2008, I have been living in a student dormitory in Cologne. At that time, I already informed you that I am officially enrolled as a doctoral student in Hannover, only attending seminars at the University of Cologne as a secondary listener. Proof of this is available. The rental agreement states that only students of the University of Cologne are actually entitled to live in the student dormitories of the Cologne Student Services.
The rental agreement is a fixed-term contract that is supposed to end on 30.9.2009. I expressed my intention to extend the rental agreement. I have just received a letter stating that the rental agreement will end without replacement on 30.9.2009 and that I would be liable for damages in case of not vacating the premises on time (e.g. hotel costs for the next tenant).
I would like to know if this action is legal, as different regulations should apply to fixed-term contracts. I also want to know if I am actually obligated to pay damages, as normally an eviction lawsuit would have to be filed first, which can be a lengthy process.
Best regards,
Dear questioner,
The approach of the student services is permissible to the extent that:
Since you live in a student residence, § 575 BGB does not apply, which regulates under what circumstances fixed-term leases can be concluded. This is regulated by § 549 Abs. 3 BGB, which expressly excludes the application of the mentioned norm for student residences. Therefore, both the limitation of the lease without the reasons mentioned in § 575 BGB is permissible, and the tenancy ends when the agreed period in the contract expires, without the resident being able to demand an extension.
The obligation to pay damages for a late return of the rented property arises from §§ 546a, 571 BGB. The fact that you can only be forcibly removed from the apartment after obtaining an eviction judgment does not affect the obligation to pay damages. The obligation to pay damages arises independently of the eviction judgment. It arises at the time of the effectiveness of the termination, in your case from 30.9.2009.
I hope I have been able to assist you in this matter, even if the outcome of my advice may not be in your favor. If you have any questions, please feel free to ask.
Best regards,
Andreas Scholz, attorney
