1.1 Be Resident AB (Be Resident) provides, through its advertisement portal with rental properties for accommodation in second hand, contact between potential tenants and landlords. The landlord and the tenant acts independently in the election of each other and signs leases of their own choice and at their own risk. As a user, you are free to use the advertising through Be Resident or other advertisement place. If you use another advertising while the advertising is also handled by Be Resident the conditions shall not depart. If this happens, the ad can be removed from Be Residents advertising place and the advertising costs will be charged to the user.
1.2 Be Resident is not a party to any rental agreement, the agreement is established between landlord and tenant. Be Resident can provide a template for the lease in which the landlord and tenant can modify as desired. Be Resident is not responsible for the content of the lease contract between the landlord and the tenant.
1.3 Be Resident does not undertake any brokerage assignments and do not act as broker, rental broker, agent, intermediary or the like.
1.4 Be Resident has no influence over the landlords and tenants behavior and therefore disclaims liability associated with them and their actions.
1.5 Be Resident has no responsibility for any financial damage or loss arising in statements or advice to the landlord regarding the lease so the landlord has full responsibility for their rental.
2.1 The landlord can post ads through Be Residents website and through Be Residents channels in social media. The landlord creates an ad of the rental property through a form on the website or by contacting Be Resident and then provides the same information required in the form. The landlord is responsible for the ad's design and that the content is truthful and accurate. The landlord is also required to give correct information about themselves.
2.2 The landlord has no right to raise the rent or change the rental terms when the ad is posted. If the landlord needs to change the ad Be Resident must be contacted.
2.3 As the person responsible for the advertisement, you approve that the information in the ad is consistent with any agreement, obligations and rights of third parties such as housing associations, original landlords, community associations and so on. It also confirms that the ad complies with laws regulations, court decision, public authority decision or similar.
3.1 When the user signs up, the user accepts Be Residents terms and conditions.
3.2 The terms and conditions apply when using Be Residents services during the tenancy.
3.3 The terms and conditions apply for 3 months, and thereafter for the same period applicable to the signed rental agreement term. The terms and conditions will continue to apply for a new agreement signed with the same tenant.
3.4 Be Resident has the right to change these terms and conditions. Changes or additions is notified within five (5) days to the user before their entry by an e-mail from firstname.lastname@example.org. If the user does not approve such a change, the user has the right end the relationship one week from the notice date at the latest by e-mailing email@example.com.
4.1 All personal information from the user will be treated according to personuppgiftslagen (1998:204) or any other legislation regarding personal information at the given moment as the upcoming Data Protection Regulation (GDPR) that will come into place at 2018-05-25, any national resulting legislation and other applicable data protection regulation. (“Data protection Regulation”)Be Resident may collect information about landlord and the rental property. Be Resident may process personal data necessary for the performance of the service. The data that Be Resident intends to collect and process is name, social security number, address, telephone number, email address and information about the rental object.
4.2 In order to use Be Residents services it is necessary to provide this information to Be Resident. The data will be processed internally within the company, or by any of their partners and to be presented to the tenant. The information can be sent to sub-contractors used by Be Resident for treatment for the above stated purposes. Be Resident is responsible for the treatment of the personal information from third parties and that it follows the Data protection regulation and accordingly to the above stated purposes. Besides the stated purposes the personal information can be used for statistics- and marketing purposes and for business and product development purposes after weighing the interests of Be Resident and the user. Be Resident will only market services that are related to the services that Be Resident provide and only as long as the user is a still as user. The user has the right to turn down marketing by contacting Be Resident. Through the cooperation with our partner Omocom, all parties to the transaction are insured from the time the service starts until the service ends. To exhibit and administer such insurance, Omocom needs to have basic information about the policyholder and the transaction itself. For calculation of among other insurance premiums, Omocom also needs to take note of the usernames concerned (policyholder and counterparty) rating on the Platform. Information is only passed on toOmocom if a user has been insured.
4.3 You have the right to receive free information about what personal data about you Be Resident treat and how they are treated. This can be achieved once per calendar year, after writing signed application addressed to us. You also have the right under request correction in terms of personal data that Be Resident has about you. Be Resident have the right to use the appropriate method to decide if the user has the right to do the request, impose a fee at repeated requests and refuse to go through with a request if it is for example unrealistic, if the request is made in several occasions or is apparently groundless. When GDPR is the active data protection regulation a user can turn to Datainspektionen if the user feels that its personal information is treated in violation with the data protection regulation or if Be Resident considers that they don’t need to comply with the request. For more information please visit the website of Datainspektionen www.datainspektionen.se.
4.4 By approving Be Residents terms and conditions you agree that Be Resident treats personal information about you in accordance with the above and certify on your honour that the information you have submitted is truthful.
5.1 Be Resident charge a monthly fee for administration costs (for invoice purchase, keeping of deposit, lease notification etc.) off the tenant who signed the lease and which constitute ten percent (10%) of the rental amount (minimum 950 SEK).
5.2 The deposit must be paid by the tenant to Be Resident, who then keeps it separated from the company's own funds. At the termination of the lease Be Resident should refund the deposit to the tenant within five (5) business days after moving out, provided that, the landlord has a reason to settle the outstanding amount of rent or other claims in relation to the tenant, as compensation for lost keys, not completed final cleaning, other damages caused by the tenant, breach of contract and other negligence or similar. Be Resident disclaims responsibility for any incorrectly repaid deposit.
Are the tenants more than one the deposit should be seen as repaid as it is paid to one of the tenants.
5.3 The landlord accepts that the deposit in the first place comes to Be Resident to settle claims under tenancy arising in relation to the tenant.
6.1 Be Resident guarantee two (2) months of rent or maximum the notice period if it is shorter that two (2) months if the tenant would not pay. When the rental guarantee has been activated and payed in full to the landlord the guarantee will not apply on continuous rental with the same tenant. The guarantee done by taking from the deposit Be Resident hold during the rental period and in cooperation with the collection agency that manages the rental notification and recovery. The amount under the rental guarantee shall be paid within five (5) business days from the time the landlord would have received their payment in accordance with the concluded lease. The tenant is liable to Be Resident for any amount paid to the landlord. The rental guarantee is valid provided that the landlord chooses a tenant that is also approved of Be Resident. Rental guarantee does not apply if:
7.1 The user that has become a landlord after the conclusion of a lease contract will transfer its accounts receivable to Be Resident according to the lease.
7.2 The landlord agrees and confirms that:
7.3 The landlord has no right to change the terms of invoices after the transfer or allow deferred payment to the tenant. If the tenant disputes the bill receivable Be Resident and the landlord should notify the other party. Would the invoice claim be paid to the landlord, he is obliged to immediately pay the amount to Be Resident.
7.4 Invoices shall be paid in accordance with the payment notification on the 26th before the start of the rental month. Be Resident shall pay the invoice amount the last bank day before the beginning of the rental month to the landlord at the latest, however, minus the administration fee (for invoice purchase, keeping of deposit, lease notification, etc.) as written in the lease contract between the landlord and the tenant. Taken together, the administration cost and the rent is the total invoice amount.
7.5 If the tenant does not pay, according to an overdue invoice claim, before the next invoice debt maturing Be Resident has not any obligation to pay compensation to the landlord for the subsequent invoice claims (see also guaranteed rental). If an invoice debt is not paid in time by the tenant has Be Resident entitled to send reminders and / or send the overdue invoice for collection management. Costs for collection falls on the landlord and fit within the charged administrative cost. If the tenant has not paid an overdue invoice claim on the appointed date Be Resident shall notify the landlord without delay.
7.6 If the tenant notifies an ending of the lease, or the lease terminates, otherwise try to get a reduction of the invoice amount or rent or otherwise denies its obligations under the lease or use agreement has Be Resident entitled to:
- Immediately cease payments, in addition to the guaranteed rent under paragraph 6, to the landlord of the transferred invoices and bills shall thereby be transferred to the landlord including Be Residents rights and obligations of the tenant, including the responsibility to take legal action against the tenant.
7.7 If the rental guarantee according to point 6 above has been entirely used and has not been repaid in full before the next invoice has been sent, Be Resident has no obligation to continue sending invoices on behalf of the landlord.
8.1 The landlord is responsible for that the rent set in accordance with applicable law.
9.1 The landlord has the obligation to act accordingly to these terms and conditions if a lease contract is signed with any of the potential tenants compiled by Be Residents advertising service. The landlord is not allowed to sign a lease contract or rent out to any of the potential tenants compiled by Be Residents advertising service, without Be Resident have been given compensation accordingly to point 7.4 given administrative costs (10%). This applies even when the lease expires and the contract and / or lease will be extended with the same tenant. If the landlord does so, Be Resident has the right to be compensated with the corresponding fee for one years rental from the landlord.
9.2 The landlord is responsible for showing the rental property and to leave the keys at the latest on the move in date the tenant. The landlord is the one who chooses the final tenant and therefore has the responsibility for the choice of tenant. The landlord is therefore solely liable for damages from the tenant that may arise for breach discrimination laws and good practice on the rental market.
9.3 Be Resident recommends that the landlord controls that the home insurance is valid in respect of the sublease. In order for Be Resident's rental insurance (via Omocom) to be valid, the landlord needs to have a valid home insurance.
9.4 The landlord is responsible for, without delay, forwarding a received notice of termination to Be Resident.
10.1 Be Resident may, on the landlord's advice, post an ad in the advertising tool.
10.2 Be Resident can do a background check on the potential tenant who have declared an interest in an item via the website, regarding credit history, income, employment / study certificates, etc. on behalf of the landlord.
10.3 On the basis of the selection criteria that the landlord has set up, prospective tenants are presented and the landlord will be able to choose a future tenant on the basis of that selection.
10.4 Be Resident provides lease from a template in three (3) copies signed by the tenant and the landlord, where each party as well Be Resident will receive a copy.
10.5 Be Resident contacts the landlord in good time before the lease term expires to give the landlord the opportunity to decide if the lease is extended - with existing or a new tenant.
10.6 Be Resident has the right to use third-party for billing, collection management and such alike and cannot be held liable for any damage arising out of that party.
10.7 Be Resident has the right to terminate the right for the user to use its services if the user is abusing the service. Before immediate effect may take place the user must be notified via email and offered the opportunity to correct this within a week. If the correction has been not been made the services ends when a message by e-mail has been sent with this information from Be Resident.