Two people jointly rented an apartment. Neither can attend the handover appointment; an acquaintance is to stand in. During the walk-through one can count how many keys are lying on the table. It becomes more difficult if the acquaintance is also to firmly agree to a new repair appointment or sign an additional cost arrangement. Clarify these different tasks before the handover.
Being present does not yet describe the authority
§ 1002 ABGB deals with the assumption of a business entrusted in the name of another. § 1017 links the allocation of rights and obligations to actions within the scope of an open power of attorney (Vollmacht). [A1002, A1017] The organisational question is therefore not only who comes, but for whom that person is to make which declaration.
Place the actual contractual parties, the announced person and the authority communicated by them side by side. If several people are absent you clarify each respective level of representation individually. A shared household is not a complete proof of authority for every conceivable undertaking. This article does not assess any concrete power of attorney as valid or invalid.
Break the planned appointment down into actions
For your preparation distinguish the walk-through, the documentation of observations, the receipt of keys and any additional agreements. Specify the actions actually intended and have their scope clarified in advance. An indefinite message such as it will take care of everything will be of little help in a later dispute about a concrete declaration.
Also note the scope that is externally discernible. A restriction discussed only internally must not be taken as a complete answer to the representation question without verification; § 1017 contains an express rule on this. [A1017] If there are contradictory statements, have the status of the power of attorney professionally clarified, rather than replacing it by guesses during the walk-through.
A separate case with an additional cost line
In the hypothetical appointment an acquaintance may, according to the previously clarified mandate, inspect the condition and accept the agreed keys. The prepared document now additionally contains a declaration regarding the assumption of a disputed cleaning fee. This declaration was not part of the previously agreed procedure.
The landlady records the observed condition and marks the new cost issue as unresolved. She does not demand an immediate decision from the acquaintance on this point, but contacts the responsible contractual party via the agreed query channel. That way it remains clear what actually happened and which agreement still needs to be resolved.
Do not smooth over unclear declarations afterwards
If action has already been taken outside a power of attorney, that does not lead to a blanket statement that every declaration will be without consequence. § 1016 names ratification and the receipt of the business advantage as possible reasons for the binding of the person represented. [A1016] The concrete effect therefore belongs in a professional case-by-case assessment.
Until then, retain the actual versions and the known procedure in a comprehensible manner. Do not add any retroactive confirmation of representation and do not interpret missing feedback yourself as approval.
End with a comprehensible handover record
The joint appointment document shows who was present, for whom which confirmed role existed and which points remained open. The affected authorised persons receive the same record. A well-prepared appointment facilitates the recording of facts; it does not replace a checked power of attorney nor the legal assessment of an additional agreement.