Common use of Compensation Procedure Clause in Contracts

Compensation Procedure. If the apartment cannot be used, or if its condition is not what was agreed, or what can reasonably be required, and if the tenant has fulfilled his or her reporting obligation under paragraph 7, the tenant is entitled to request an exemption from his or her liability to pay rent, or to request a rent reduction for the period during which the apartment cannot be used, or during which it is not in the condition agreed, or in a condition that can reasonably be requested. However, a precondition for the tenant’s rights in such situations is that the apartment’s deficient or inadequate condition does not result from negligence or other carelessness on the part of the tenant, or that the reason for repairs or changes is not damage for which the tenant is liable. A written report shall be made immediately, after which the contracting parties shall agree on a possible reduction of or exemption from the rent. Any due and unpaid rent instalments shall be taken into account in case of reduction of or exemption from rent. The landlord or the housing company shall be entitled, in the course of the rental period, to undertake customary maintenance works in the premises or in rented apartments without any right of reduction of or exemption from the rent for the duration of such works. Suppliers of heat, water, electricity, tele- and internet services shall be liable for the functioning of these services in accordance with the delivery terms of the supplier concerned. That rule shall apply irrespective whether the fees for such services are included in the rent, or whether separate fees are levied for the services. The landlord shall not be liable in relation to the tenant, if such services are deficient or inadequate.

Compensation Procedure. If the apartment cannot be used, or if its condition is not what was agreed, or what can reasonably be required, and if the tenant has fulfilled his or her reporting obligation under paragraph 7, the tenant is entitled to request an exemption from his or her liability to pay rent, or to request a rent reduction for the period during which the apartment cannot be used, or during which it is not in the condition agreed, or in a condition that can reasonably be requested. However, a precondition for the tenant’s rights in such situations is that the apartment’s deficient or inadequate condition does not result from negligence or other carelessness on the part of the tenant, or that the reason for repairs or changes is not damage for which the tenant is liable. A written report shall be made immediately, after which the contracting parties shall agree on a possible reduction of or exemption from the rent. Any due and unpaid rent instalments shall be taken into account considered in case of reduction of or exemption from rent. The landlord or the housing company shall be entitled, in the course of the rental period, to undertake customary maintenance works in the premises or in rented apartments without any right of reduction of or exemption from the rent for the duration of such works. Suppliers of heat, water, electricity, tele- and internet services shall be liable for the functioning of these services in accordance with the delivery terms of the supplier concerned. That rule shall apply irrespective whether the fees for such services are included in the rent, or whether separate fees are levied for the services. The landlord shall not be liable in relation to the tenant, if such services are deficient or inadequate.