Frequently asked questions
Below you will find answers to common questions about renting.
Does OVV guarantee the rent payment?
OVV is responsible for the tenant’s rent for the first year – if the tenant does not pay the rent, OVV will pay. The landlord only needs to notify OVV on the 10th – 20th of the month of the missing rent and OVV will pay the rent within 10 days. If necessary, OVV changes the tenant, but this does not incur any additional costs for the landlord.
Depending on the customer’s needs, the rental agency can also be selected without a rental guarantee, so the guarantee depends on the service purchased. In OVV Full Service, we guarantee the rent for the entire tenancy.
Can I terminate the tenant and how do I do so properly?
The landlord may terminate the tenant if the reason for termination is not contrary to good practice. If the apartment is taken for personal use, the apartment is sold, etc., the reason must be accepted. If the tenancy has lasted less than a year, the notice period for the landlord is 3 months, but if the tenancy has lasted at least one year, the notice period is 6 months. If you want to terminate the apartment because the tenant is disturbing or not paying your rent, the tenancy must be dissolved. When the grounds for demolition exist, the law does not specify a time when the tenancy ends, ie if necessary, it can end even immediately.
There are many different situations and policy options for terminating and terminating a tenancy, and you should ask OVV’s office for more detailed information.
What if the tenant has not paid his/her rent?
If the rent is in arrears, it is worth notifying the tenant fairly quickly and clearly agreeing on the day when the arrears are to be paid. If payments are repeatedly delayed or the arrears have not been paid by the agreed date, it is a good idea to issue a cancellation warning immediately. If the debt has not been paid by the stated date, the tenancy may be terminated. It is advisable to obtain a tenant signature for both the warning and the demolition notice in order for it to be valid. If the rent is in arrears for a substantial amount, generally at least two months, no warning is required and the tenant can be notified directly of the termination of the tenancy.
I got a call from the property manager that my tenant has caused a disturbance in the apartment. What do I do?
First, you should call the tenant and ask what the question is. Sometimes the disturbances are completely unjustified and the tenant in the housing association is always always suspected – especially the one who has just moved into the house. If the disturbance is real, a warning must be given to the tenant. The warning given by the housing association is not sufficient, as the housing association and the tenant do not have a contractual relationship, unless the tenant is a tenant of the housing association. The warning must therefore come specifically from the landlord. You can ask your local OVV office for more detailed instructions on how to issue a warning.
The lease states that pets are not allowed – nonetheless, the tenant has acquired the dog. How do I work?
This is a breach of contract which is a ground for termination of the tenancy, but not necessarily a ground for termination. If there is a clear ground for a ban in the lease (eg pets are banned for allergies), it is a strong ground and thus justifies the termination of the tenancy. If pets are only prohibited, the termination of the tenancy is likely to work at most through termination, that is, to provide a reason for termination. There are a lot of solutions to the decisions of the Consumer Disputes Board that give direction to how the court would actually resolve the matter, but you can never be quite sure of the outcome.
The Room Rental Act stipulates that the tenant is liable if the apartment is subject to wear and tear, which is not the so-called normal wear and tear. If the tenant’s pet dog bites the baseboard or causes moisture damage to the floor, it is not normal wear and tear and the tenant is responsible for this. If the apartment has been inspected at the beginning of the tenancy, the changes are easy to identify and bill the tenant.
Security deposit, is it needed and when must it be returned?
Usually, the tenant pays a security deposit, which according to the law can be up to 3 months’ rent. If the tenant is left in arrears at the end of the tenancy, the landlord may agree with the tenant that the arrears will be deducted from the security deposit. Excessive wear and tear on the apartment, poor final cleaning, etc., can also be deducted from the security deposit, if agreed with the tenant. The reasons for withholding the security must also always be notified to the tenant in writing. The purpose of the security is to safeguard the landlord’s position in the event of a breakdown. As a general rule, the security deposit covers any arrears of rent and possible damage to the apartment.
For the apartments we provide, the security is usually 1-2 months’ rent. The most common methods of delivering collateral are a rent security account opened by the tenant or a cash guarantee paid to the rent payment account. Other options include e.g. a guarantee given by a member of the tenant’s family or social services.
Often, in the case of properties specifically for students, the security deposit is cheaper, for example an amount equivalent to one month’s rent. The delivery date of the security is agreed upon when concluding the lease agreement and the delivery date is almost without exception before the start of the agreement. Even in a completely undisturbed tenancy, the security deposit should not be returned until the end of the tenancy, after the condition of the apartment has been checked. However, the security must be returned without delay.
Is the tenant obliged to participate in the management of the housing association?
Unless otherwise agreed, the tenant cannot be obliged to participate in the so-called caretakers ’shifts. The practices of the housing association are binding on the shareholder, not the tenant. If the landlord has not agreed in the lease agreement with his tenant on the housing company’s snow-making shifts, etc., the tenant does not have to do them.
When the tenancy ends, what is the date of leaving the apartment?
According to the law, the day of moving is a weekday after the last day of the month, when half and the rest of the apartment must be handed over the next day. If a new tenant is promised that the tenancy begins on the 1st of the month, which happens on Saturdays, and the outgoing tenant exercises his right to hand over half of the apartment on Monday and the rest on Tuesday, the situation is awkward. The departing tenant pays rent for the days in question, but the landlord may have to pay damages to the prospective tenant if he incurs additional costs due to the delay in moving. In order to avoid this situation, it can and should be clearly stated in the lease that “the apartment must be handed over on the date of termination of the tenancy”. In this case, the tenancy ends on the last day of the month, regardless of the day of the week, and then the apartment must also be handed over.
What is the significance of a migration check?
When the condition of the apartment is clearly checked at the beginning of the tenancy and the condition is recorded, the condition of the apartment at the end of the tenancy is easily comparable to the inspection. If something has happened in the apartment that is not normally worn according to the regulations, it will be charged to the tenant. When considering the normal consumption of an apartment, the duration of the tenancy, the number of tenants, instructions for the care of the apartment, etc. must be taken into account. OVV does not automatically carry out a move-in inspection of flats, but you can order it from most offices as an additional service; please ask your OVV office for more information.
What if the tenant has lost the key?
If the tenant has lost the keys, it must be ensured that the new tenant does not have any problems with the keys of the apartment being moved by vague persons. The landlord is responsible for the security of the new tenant and, if necessary, the locks must be re-serialized. If it is clearly agreed in the lease that the tenant must hand over all the keys or he will pay the costs of the serialization again if they are lost, the matter is clear to all parties. The amount that the tenant pays in the event of the loss of the keys (eg 300 EUR) can also be clearly recorded in the contract if he does not return all the keys.