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How to properly hand over apartment after the lease

If the lease is the responsibility of the tenant to surrender lessor. Although this final step may at first glance seem like a relatively insignificant in many cases it is the inconsistency of both Parties when submitting the apartment cause mutual disputes. How must follow when submitting an apartment to save their problems?

The lessee is obliged to deliver to the lessor apartment on the day when the lease ends. "If it does not, the landlord has the right to the payment of rent until the day when the tenant to the landlord actually be cast," says Luke Green, head of the legal department Dtest. The lessee must submit lessor in the condition in which it was received. It does not apply to wear caused by normal use or defects that is required to remove himself lessor. It can not therefore refuse to take over the apartment, for example, only because it is freshly painted or not working heating source, whose exchange is obliged to provide himself.

If the tenant has performed in the apartment with the consent of the landlord changes must be noted in the original state, only if they agreed to do so. This means that if, for example, tenant with the consent of the landlord within the housing reconstruction kernels combined toilet and bathroom, is not obliged to separate the two rooms again. If the tenant changes carried out in the apartment without the landlord's consent is required to be contrary to its original state to state. The exception is when the landlord agreed to assume a flat in a modified state.

"It also happens that the tenant in the apartment makes changes that the landlord did not agree, and which result in decreased value of the apartment. Then the landlord has the right to compensation, even in the event that after the termination of the lease did not insist on putting the apartment to its original state. The Contracting Parties may obviously mutual rights and obligations precisely adjust the agreement, "says
Luke Green.

If the tenant outfitted flat objects or devices that are mounted in the walls, floor or ceiling and can not be removed without undue impairment or damage to the apartment (for example, if the apartment equipped with a new centrally heated), true that these devices have become the property of the owner of the apartment, it is already upon their installation. If the tenant has built the facility with the consent of the lessor has the right to demand adequate compensation from him.

"Although the law does not oblige anyone scheduling a return of the apartment written protocol definitely recommend it. Make sure in particular that the apartment you are submitting to the beneficiary. Check who is the current owner of the apartment and whether the person actually accepting apartment has authorized such conduct. This may be especially written power of attorney. The Protocol on the surrender of the apartment should include a description of the condition in which the apartment surrenders, information on the status of measuring electricity, water and gas if they are installed, and a list of the transferred furnishings and a description of his condition, "says Green.

The apartment is handed over in accordance with law, if the landlord took over from the former tenant the keys, and if nothing preventing him from gaining access to the apartment and its use. The apartment therefore has surrendered even if the tenant to the landlord personally it does not pass. Just when leaving the apartment empty, terminate and settle liabilities from contracts for the supply of energy and leaves the house keys in the mailbox landlord.

It may happen that the apartment remains a matter tenant or members of his household. If this is not the case that the tenant apparently abandoned, the landlord has a statutory obligation to take care of these things. That usually means is properly stored. If the tenant nor the landlord nor the call over a reasonable period of time provided does not take these things, the landlord has the right to these things after notifying the tenant to sell.

Source: tz

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