The tenant must look after the apartment with all due care. However, even normal and careful living does result in some wear and tear to the apartment, which is the lessor's responsibility. The tenant is liable for compensation to the lessor for any damage caused to the apartment by the tenant wilfully or through negligence or other carelessness. Normal wear and tear includes things such as holes in the wall left from shelves screwed onto walls, marks or indentations on the floor from bed posts and grease that has stuck to the inside of the oven. However, damage such as broken floor tiles or damaged carpets from moving, dropping or lifting furniture or other items are not considered normal wear and tear.
The lessor may anticipate damage caused by the tenant by having security put up against any loss or damage incurred. At the expiry of the lease agreement the lessor may use the funds put up as security for repairing, refurbishing or cleaning up the apartment (or to compensate for unpaid rent). Security may not exceed three months' rent and is specified in the lease agreement.
Security may be paid in various ways. Cash security involves the tenant paying the lessor the full amount of the security in cash. The lessor must keep these funds as safely and carefully as possible. The tenant may also deposit the funds in the bank in a special rent security account. The security remains the property of the tenant. The third option is to use an external provider of collateral.
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The water charge may be included in the rent or charged separately. If the lease agreement does not specify a water charge, the water charge is considered to be included in the rent. The water charge may be based on actual use or the number of people living in the apartment.
The terms of upkeep and maintenance of rental apartments may be specified in the lease agreement. If no such stipulations are made in the agreement, the lessor is responsible for the upkeep and normal wear and tear of the apartment. For example, after ten years of tenancy the lessor has no right to demand that the tenant replace the wallpaper in the apartment, regardless of how poor the condition of the wallpaper is. The tenant is responsible for any damage to the apartment caused by the tenant. Also see the question "How can the lessor receive compensation for damage to the apartment caused by the tenant?"
You must move out on the first weekday following the last day the lease agreement is in force. The number of days the lease agreement is in force after giving notice depends on what is specified in the lease agreement. When the tenant gives notice, the notice period is generally one month. The notice period is calculated from the last day of the calendar month. For example, if notice is given on September 27th, the notice period is calculated from the last day of September and the notice period expires on the last day of October. The tenant would then move out on November 1st.
According to law, tenants have the right to have rent waived in full or to pay reasonably reduced rent during any time period when the apartment's condition is deficient due to reasons beyond the tenant's control. The amount by which the rent is reduced depends on the degree to which the use of the apartment is restricted. The tenant is entitled to the rent waiver/reduction from that date onwards when the lessor has been notified of the deficiency.
Regardless of whether the termination of the lease agreement is initiated by the tenant or the lessor, the notice of termination must be given in writing. There are no specific legal requirements for the format or contents of a tenant's notice of termination. When notice is given on a fixed-term lease agreement, however, the grounds for the termination must be given.
The security is put up against any loss or damages incurred to the lessor through the actions of the tenant. If the tenant fails to compensate for any damages caused, such as unpaid rent or damage to the apartment, the lessor has the right to withhold that amount from the security. If the lessor claims that the tenant has damaged the apartment, the burden of proof lies with the lessor. In order to avoid unnecessary disputes, it is recommended that the parties to the lease agreement conduct a survey of the apartment together at the beginning and the conclusion of the lease period. During the initial survey, notes are taken on the condition of the apartment, which will then be used as a reference point in the survey at the conclusion of the lease period.
The grounds for termination are set in the Act on Residential Leases. Fixed-term lease agreements can only be terminated in special circumstances specified by law. Non-fixed-term lease agreements are terminated upon the expiry of the notice period. When the lessor gives notice on a lease agreement, the notice period is six months if the lease has lasted uninterruptedly for at least one year immediately prior to the giving of notice. Otherwise the period is three months. When the tenant gives notice, the notice period is always one month.
The rental terms and conditions are specified in the lease agreement. The conditions for increasing or otherwise adjusting rent may be freely agreed in the lease agreement. The lease agreement may give the lessor the right to unilaterally determine the time and amount of the rent increase, if the agreement also specifies the basis for such adjustments to rent during the rental period. Prior to increasing the rent, the lessor must notify the tenant in writing of the new rent and the date on which it will take effect.
Tenants may lease a rental apartment again to one or more tenants of their own (secondary leasing). Secondary leasing is subject to the primary lessor's express consent.
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