Whether a particular declaration on the platform is legally binding depends on the content and the contractual requirements. In principle, agreements can be made about the platform which are binding and should therefore be taken seriously. Excluded from this are such declarations which have to be made in a certain form according to law or contract. For instance, written form is required in the following cases:
- Signing of a residential rental agreement (§ 550 BGB)
- Termination of a rental agreement (§ 568 BGB)
- Art. 12ff. Swiss Code of Obligations ("OR") e.g. Setting of the tenant's deadline with regard to a rental deposit, as well as the declaration when the deposit has already been made (pursuant to Art. 259g para. 1 OR)
- Consent by the landlord to renewals and changes made to the object by the tenant (Art. 260a Para. 1 OR)
- Agreement regarding the restoration of the rental object to its original condition in the case of renovations or changes made by the tenant as a right grated by the landlord (Art. 260a Para. 2 OR)
- Fixing of a deadline with threat of termination in the event of late payment (Art. 257d OR)
- Stern reminder for conduct contrary to the contract with respect to an extraordinary termination (pursuant to Art. 257f OR)
- Termination of the rental contract by the tenant (Art. 266l Para. 1 OR)
If a certain communication channel is included in a contractual relationship, both parties are obliged to regularly check the channel for legally significant declarations.
If there is no formal requirement, so-called Declarations of Intent can be made via the portal (e.g. appointment or purchase agreements). These Declarations of Intent are then binding for both parties and should therefore be taken seriously. This corresponds to the same practice as for e-mails.
**Please note that the general legal information we provide does neither constitute nor take the place of any kind of legal advice or training. Like most legal regulations, the standards applicable to you and their concrete interpretation may differ. Our information is based on our understanding of the legal regulations mentioned at the time this document was prepared. We assume no liability or warranty for the accuracy, completeness or timeliness of the information provided.**