> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/besichtigung.md).

# Viewing

This page explains why a viewing of the rented property before the contract is concluded is recommended and what effect this has on the tenant's right of withdrawal.

<figure><img src="https://3986577705-files.gitbook.io/~/files/v0/b/gitbook-x-prod.appspot.com/o/spaces%2FDGfFw4On4r2uLklBZ5ju%2Fuploads%2FTsn9pOErR9rPCRADrIBt%2Fimage.png?alt=media&#x26;token=da2a34d5-38ad-4381-89f6-17641bdde7d6" alt=""><figcaption></figcaption></figure>

Immodio generally recommends that landlords **carry out a viewing of the unit** before letting it:

* Without a prior viewing of the entire rented property, the tenant may have a **14-day right of withdrawal from the rental agreement** under Section 355 BGB.
* Under Section 312 (4) sentence 2 BGB there is **no right of withdrawal** if **all tenants (named in the rental agreement)** have **viewed all rooms of the apartment before the contract was concluded**, including ancillary rooms and the cellar.
* A complete viewing **only exists** if **all rooms were accessible**. A single locked room, or a cellar room or attic compartment that was not accessible, is **enough for the right of withdrawal to remain in place**.

**Further practical reasons for a viewing:**

* Avoiding later disputes about defects or the fittings of the apartment.
* A better assessment of the prospective tenant through personal contact.
* The tenant gets a realistic impression of the apartment and its surroundings, which supports an informed decision and reduces the risk of dissatisfaction or an early termination.

### The tenant's right of withdrawal from the rental agreement <a href="#widerrufsrecht-des-mieters-beim-mietvertrag" id="widerrufsrecht-des-mieters-beim-mietvertrag"></a>

A 14-day right of withdrawal for the tenant generally exists where the following conditions are met:

1. **The contract is concluded at a distance or away from business premises**\
   A right of withdrawal generally exists for contracts concluded
   * at a distance (for example an online rental agreement through Immodio) or
   * away from the landlord's business premises\
     (for example in the apartment)
2. **The tenant is acting as a consumer**
   * Tenants generally count as consumers, since they rent residential space **for private purposes**.
3. **The landlord is acting as an entrepreneur**

* Whether a landlord is to be classified as an entrepreneur is determined by **Section 14 BGB**.
* A landlord acts as an entrepreneur if the letting is **commercial** or takes place in the context of a **self-employed professional activity**.
* Whether a landlord counts as an entrepreneur in a specific case always depends on the individual circumstances.

4. **The apartment was not viewed in full by all tenants.**

**Exclusion of the right of withdrawal**\
Under Section 312 (4) sentence 2 BGB, the tenant's right of withdrawal does not apply if all tenants named in the rental agreement **viewed the rented property in full before the rental agreement was concluded**. A viewing only counts as complete if all rooms and ancillary rooms (for example the cellar, attic or storage rooms) were accessible and could be inspected. A single locked or inaccessible room can mean that the viewing is not regarded as complete. It is also important that **all people named in the rental agreement (the future tenants)** take part in the viewing.

{% hint style="danger" %}
**Caution:** If the tenant has a right of withdrawal and moves in before the 14-day withdrawal period expires, the right of withdrawal generally remains in place. They could therefore still withdraw from the contract after moving in. If the tenant wants to move in within the withdrawal period, you should obtain an express declaration from them that they want the tenancy to begin early and that they have been informed about the possible loss of their right of withdrawal and any obligation to pay compensation for value.
{% endhint %}

<details>

<summary><strong>Informing the tenant about their right of withdrawal through Immodio</strong></summary>

The **withdrawal period is generally 14 days under Section 355 (2) BGB** and begins when the **contract is concluded**, unless **different arrangements** apply.

The condition for this period to begin, however, is that the entrepreneur has properly informed the consumer about their right of withdrawal.

Immodio automatically provides the tenant with a right of withdrawal notice in the tenant portal once the contract has been signed. As the landlord you are responsible for checking whether this notice was created correctly and transferred to the tenant.

{% hint style="danger" %}
If the consumer was not informed, or not informed correctly, the withdrawal period only begins when they receive the proper notice and ends at the latest 12 months and 14 days after the contract was concluded, under Section 356 (3) sentence 2 BGB. In that case the tenant could live in the apartment free of charge for over a year.
{% endhint %}

</details>