Tenancy agreements can already be sent digitally, but they are usually still signed the traditional way. Digital signatures are simpler and faster – but are they also legally secure?
We have all certainly used an electronic signature at some point: ticking the box to accept the terms and conditions, consenting to receive a newsletter, or quickly signing on a tablet with a stylus. These are all forms of simple electronic signature.
However, the level of security of this type of signature is not sufficient for signing a tenancy agreement. While a tenancy agreement can easily be digitised as a PDF, signing it electronically with legal certainty requires a higher level of security: the advanced electronic signature.
Under current German legal standards, legal certainty is divided into different levels:
As a rule, signing a tenancy agreement requires a level of legal certainty that would stand up in court. The advanced electronic signature offers exactly this legal certainty, and there are already statutory regulations for this type of digital signature. Fixed-term tenancy agreements require a qualified electronic signature to be legally valid. For all other tenancy agreements, the advanced electronic signature provides the necessary level of security. Key requirements include:
- unambiguous attribution to a specific person (e.g. the new tenant)
- the creation of a unique signature key
- any tampering with the signature must be detectable
Immomio’s advanced electronic signature
Unambiguous attribution can only be guaranteed through an identification process. It is very important that this process can be integrated quickly and easily into the signing process. The usual online verification processes, such as a video call, are not suitable for this, as they either take a lot of time or are too expensive for the landlord. In addition, the usual verification methods require staff resources, which in most cases are simply not available or would have to be brought in externally.
Digitalisation should make signing a tenancy agreement faster, not slower. That is why we at Immomio have developed a unique identification method that provides the legal certainty required for the electronic signature. The new tenant is identified via their IBAN. In partnership with SCHUFA, Immomio checks whether the account exists and is assigned to exactly this person. The database query takes just a few seconds. As soon as the account holder has been confirmed, we send a real-time transfer to the new tenant. Within a few minutes, the tenant can access a verification code via online banking, which they then enter in the signing process. Once it has been entered successfully, the digital tenancy agreement opens and the new tenant can sign electronically and with legal certainty. This means a tenancy agreement can be signed within a few minutes instead of weeks – and at low cost, too.
More information on the digital tenancy agreement
After the electronic signature, not only is the digital tenancy agreement downloaded as a PDF, but also a certificate confirming the authenticity of the electronic document. Here, too, Immomio’s digital signature platform meets the legal requirements described above: the certificate serves as a unique signature key, and the detailed documentation means any tampering with it is immediately detectable.
The electronic signature and the digital tenancy agreement
The advanced electronic signature is seamlessly integrated into the digital tenancy agreement process. Before sending the contract digitally, the landlord can choose whether to offer a simple electronic signature or the advanced electronic signature. Normally, many landlords choose the legally secure option, as it stands up in court. The digital tenancy agreement platform can be used independently of Immomio’s letting platform. Secure your offer and start digitalising the signing of tenancy agreements. Start with 20 free contracts and send your tenancy agreements digitally now.
Secure your offer and start with 20 free digital tenancy agreements!