Sightseeing
Immodio generally recommends that landlords conduct a viewing of the unit before renting:
Without a prior inspection of the entire leased property, the tenant may be entitled to a 14-day right of revocation for the rental agreement according to § 355 BGB.
According to § 312 para. 4 sentence 2 BGB, there is no right of revocation if **all tenants (named in the lease) ****have inspected all rooms of the apartment - including ancillary rooms and cellar - before concluding the contract.
A complete inspection is only available if all rooms were accessible. Even a locked room or an inaccessible basement room or attic compartment is sufficient to leave the right of revocation in place.
Other practical reasons for a viewing:
Avoiding later disputes about defects or equipment of the apartment.
Better assessment of the prospective tenant through personal contact.
The tenant gets a realistic impression of the apartment and its surroundings, which encourages a conscious decision and reduces the risk of dissatisfaction or quick termination.
Tenant's right of revocation in the rental agreement
A 14-day right of withdrawal for the tenant usually exists if the following conditions are met:
Conclusion of a contract at a distance or outside of business premises A right of revocation generally exists in the case of contracts that
in distance selling (e.g. online rental agreement via Immodio) or
outside the business premises of the landlord (e.g. in the home)
The tenant acts as a consumer
Tenants are usually considered consumers because they rent living space for private purposes.
The landlord acts as an entrepreneur
Whether a landlord is to be classified as an entrepreneur is based on § 14 BGB.
A landlord acts as an entrepreneur if the rental is carried out commercially or as part of a self-employed professional activity.
Whether a landlord is considered an entrepreneur in a specific case always depends on the individual circumstances.
The apartment was not fully inspected by all tenants.
Exclusion of the right of withdrawal Pursuant to Section 312 (4) sentence 2 of the German Civil Code (BGB), the tenant's right of revocation does not apply if all tenants named in the lease agreement have inspected the leased property in its entirety before concluding the lease agreement. An inspection is only considered complete if all rooms and ancillary rooms (e.g. cellar, attic or storage rooms) were accessible and visible. Even a locked or inaccessible room can lead to the viewing not being considered complete. In addition, it is important that all persons named in the rental agreement (future tenants) participate in the viewing.
Attention: If the tenant has a right of revocation and moves in before the expiry of the 14-day revocation period, the right of revocation remains in principle. He could therefore revoke the contract even after moving in. If the tenant wants to move in within the revocation period, you should obtain an explicit declaration from him that he wants the tenancy to start early and has been informed about the possible loss of his right of revocation as well as a possible obligation to compensate for value.
Instruction of the tenant about his right of withdrawal by Immodio
According to § 355 para. 2 BGB, the revocation period is generally 14 days and begins with the conclusion of the contract, unless no deviating regulations exist.
However, the prerequisite for the start of this period is that the entrepreneur has properly instructed the consumer about his right of withdrawal.
Immodio automatically provides the tenant with a cancellation policy in the tenant portal after signing the contract. As a landlord, you are responsible for checking whether this information has been correctly prepared and transmitted to the tenant.
If the consumer has not been instructed or has not been instructed correctly, the revocation period does not begin until receipt of the proper instruction and ends no later than 12 months and 14 days after conclusion of the contract in accordance with Section 356 (3) sentence 2 of the German Civil Code (BGB). In this case, the tenant could therefore live in the apartment free of charge for over a year.