Pursuant to Sections 5, 16, and 30(5) of the Hessian County Code (HKO) as amended on April 1, 2005 (GVBl. I, p. 183), last amended by Article 2 of the Act of December 11, 2020 (GVBl., p. 915), in conjunction with Section 5a(1)(1) and (2) of the Act on the Reception and Accommodation of Refugees and Other Foreign Nationals (State Reception Act) of July 5, 2007 (GVBl. I, p. 399), last amended by the Act of November 12, 2020 (GVBl. p. 767), the District Council of the Fulda District adopted on February 21, 2022, the following ordinance governing the public-law usage relationship for accommodated persons pursuant to § 1 of the State Reception Act (Ordinance on the LAufnG Usage Relationship):
Preliminary Remarks
(1) The tenancy relationship between the facility operator and the resident is governed by public law and is of limited duration (Section 3(3) of the LAufnG). The tenancy relationship begins upon admission to the facility (Section 3(3) of the LAufnG). These bylaws set forth further details regarding the terms and termination of the tenancy relationship.
(2) There is no legal right to be housed in a specific shared living facility or any other type of housing (Section 3(2), first sentence, of the LAufnG).
(3) Relocation to another facility or transfer within the facility may be ordered (Section 3(2), second sentence, of the LAufnG).
§ 1 General Termination of the User Agreement
(1) The tenancy agreement for the person in housing ends upon the final grant of a right of residence pursuant to Chapter 2, Sections 5 and 6 of the Residence Act. The person is then required to make their own efforts to find housing.
(2) The tenancy also ends when the resident moves out of the housing and notifies the facility’s sponsor and the housing operator of their departure.
(3) The Fulda district must be notified immediately if a person leaves the accommodation for more than three days.
(4) The tenancy agreement shall otherwise terminate two weeks after the date on which the resident has remained outside the facility for an uninterrupted period without notifying the facility of their departure.
(5) The tenancy may be temporarily extended if, and for as long as, no reasonable housing is available. The Fulda District and its member municipalities work together to prevent impending homelessness.
(6) Temporary non-use of the accommodation does not terminate the tenancy agreement.
(7) To the extent that residents are entitled to rent a private apartment and a corresponding lease agreement has been concluded, the tenancy shall end on the date the lease begins. Paragraph 2 remains unaffected.
§ 2 Termination of the Usage Agreement by Order
(1) The occupancy agreement may be terminated for good cause without notice by decision of the provider, in particular if the resident
- seriously or repeatedly violates an order issued under § 4(2),
- did not pay the lodging fee
- repeatedly refuses a reasonable housing offer without sufficient cause, or
- resists being placed in another facility or being moved within a facility.
(2) The property owner may include an eviction order in the notice terminating the tenancy.
§ 3 Eviction
(1) Upon termination of the tenancy, the person residing in the accommodation must vacate the premises.
(2) In the case described in § 1(7), the accommodation must be vacated by the day before the start of the new lease. If the move into the rental apartment cannot take place at the start of the tenancy for reasons beyond the control of the person being housed, the accommodation must be vacated within seven days of the start of the tenancy.
§ 4 Peace in the Home / House Rules
(1) Guests are required to maintain peace and quiet and to show mutual consideration in accordance with the house rules established by the accommodation operator.
(2) The operator of the shared housing facility is authorized, based on the house rules, to issue the directives necessary to maintain order. The first sentence applies mutatis mutandis to the facility operator.
§ 5 Use of the Provided Accommodations and Landlord's Rights
(1) The person staying in the provided housing may use it only for residential purposes.
(2) The occupant is obligated to treat the accommodation and its furnishings with care and to return them, upon termination of the tenancy, in the same condition in which they were received.
(3) The resident is required to notify the operator or a person authorized by the operator immediately of any damage to the assigned accommodations.
(4) Representatives of the Fulda District are authorized to enter the shared housing facility or any other accommodation at reasonable intervals and, upon timely notice, on weekdays between 8:00 a.m. and 10:00 p.m. The operator or a person authorized by the operator exercises the right to admit or exclude persons from the premises and must, upon request, present identification to the resident. In cases of imminent danger, the facility may be entered at any time.
§ 6 Liability for Improper Use
(1) The resident is required to ensure that the accommodation provided to him or her is properly cleaned, adequately ventilated, and heated.
(2) The guest is liable to the accommodation provider for damages resulting from a culpable breach of the guest’s duties of care and disclosure. This includes, in particular, the improper use of technical equipment and other facilities, as well as failure to adequately ventilate, heat, or protect the provided accommodation against frost.
§ 7 Effective Date
These bylaws will take effect on May 1, 2022.
Fulda, April 5,
2022 The Fulda District Committee
Signed:
Woide, District Administrator