Rental agreement for ultrasound wellness device
November 23, 2010 | 30,00 EUR | answered by Tobias Rösemeier
Hello,
we have signed a rental agreement and I need a brief assessment of whether this rental contract is legally compliant.
Text:
" Coburg 23.03.10
Takeover of Divinia Ultra No. ..... on a rental basis from 1.4.10 by (Name) (Studio name)
(Location Street Phone)
The rent of 737.80 is to be transferred to the account (bank details) by the first of each month.
Landlord Tenant"
At the time of signing the contract, our company was a GbR and both partners were 50% involved. In the partnership agreement, it was agreed that both partners must sign for obligations over 5000 euros. However, the rental agreement was addressed only to me and I also signed alone.
Thank you for your response.
Dear inquirer,
I am happy to answer your question taking into account your description of the situation as follows:
Unfortunately, it is not clearly evident from your description who the tenants are, especially the tenant, whether it is the GbR or just you.
For the question of who the parties to the lease agreement are, it is crucial to see who is specified there. If you are named as the tenant and also signed the contract, then you are the tenant.
If the GbR is specified as the tenant, then it is the tenant. The fact that you signed this contract alone, without being authorized by a partnership agreement, only affects its validity if the landlord was aware that the contract required the approval of the other party.
If someone enters into a contract without the authority to represent another person, the validity of the contract for and against the represented party depends on their approval (§ 177 BGB).
If approval is not granted, § 179 BGB comes into effect. Accordingly, the representative is then liable for fulfilling the contract, meaning the representative is bound themselves.
In case of doubt, you are therefore contractually obligated, even if the conclusion of the contract was not covered by a partnership agreement.
I would like to point out that this is a preliminary assessment based on the information provided. Therefore, please make sure to ask any follow-up questions so that further clarification can be provided if necessary.
Best regards,
Tobias Rösemeier
-Lawyer-
Relevant here would be § 179 BGB.
