ROOM RENTAL LEASE CONTRACT
AFFECTING THE TENANTS LEASE OF A
ROOM
BETWEEN, the
Backer (complete identity of the
backers)
Last Name: Sanchez-Peña........... First name:
Sebastian...
Address: Melsens.............. No.:
24-30............
Postal Code: 1000...
City:
Telephone: 0032(0)497901847
AND, the Taker (complete identity and
profession)
Last Name.................................
Name .....................
Address............................................ No.....
Postal Code......... City ....................... Country: ...........
Telephone............... Email ............................. Identity cart
No. (and COPIES) .............................
IN
PRESENCE OF (optional clause)
The Guarantee (complete identity)....................................
Address............................................................
who declare to guarantee all the obligations of the
taker resulting from this lease, of which recognize to have taken knowledge,
and from its continuations.
IT HAS BEEN AGREED
WHAT FOLLOWS
1. OBJECT OF the CONTRACT
The backer gives by way of rental lease with the taker, who accepts, a room
with borrowed furniture, located in floor 5th... , of a building located in
Room number: ......
perfectly known of the taker who states to have visited it
and commits itself occupying it as good father of family.
2. DESTINATION
The places are rented with
use of simple dwelling and are assigned to the main home of the taker. IT
WILL BE CONSEQUENTLY OCCUPIED BY MAXIMUM 1 PERSON.
The backer does not
authorize the taker to carry out part of the good rented with the exercise of
an occupation. In this case, the taker
cannot deduce his rent from his assessed incomes and it would be indebted to the
owner of all the put additional taxes, if necessary, with load of this last,
even if this tax requirement occurs after the departure of the taker, the
possible clause "balances of any account" not covering the present
possibility.
3. LENGTH
Renting length equal or
lower than 3 years the lease is authorized for a term of:
1 month | 3
months | 6months | 9months | 1 year
starting from................. and
finishing it ...................
Optional:
Attention this option
is valid if it is not crossed out.
* for
a duration lease equal or lower than 12 months:
In the absence of a leave notified at least
15 days | 1 month | 2 months |
2 mon. | 3mon.
respectively, before its expiry, the lease will be
automatically renewed for the same length and with the same conditions.
4. RENT
The present hiring is to authorize and accepted
with the payment of a monthly rent of
(in letters) ..............................................
Euros
(in figures) .................... Euros, payable by anticipation with the monthly installment. Except new instructions of the backer, it
will have to be paid by transfer to :
Sebastian
Sanchez-Pena
Rue Melsens 30, 3ieme - 1000 –
ING ANSPACH Agency – Anspachlaan 2-4 - 1000 –
Compte : ING
310-1513640-41 IBAN BE88310151364041 SWIFT BBRUBEBB
5. SECURITY DEPOSIT
In order to ensure the good and entire execution of
its obligations, the taker will constitute, in favor of the backer, before receiving
the keys, a security deposit which will be released at its exit and after the
good and entire execution of all its obligations, including the payment of the
rents and loads, will have been noted by the backer, under deduction of the
sums possibly due. In no case, the
guarantee could be affected by the taker to the payment of the rents or
unspecified loads.
The
guarantee will correspond to..2.. months of rent and loads (maximum 3 months of rent for the
guarantee in cash).
The parts consider appropriate that at the end of
the occupation, whole or part of the amount guaranteed will be payable to the
backer who gives a report on back rent etc, damages, or loads rental, and this,
at the only written request of the backer, under its only responsibility, and
notwithstanding any opposition of the taker.
This amount will remain between the hands of the backer until final
calculation drawn up either with friendly, or by court order run in force of
judged thing.
6. INVENTORY OF FIXTURES
The good about which it all is with the present is rented
in the state it is, well-known of the taker who states to have visited it and
examined in all his details.
The taker recognizes that the state of the good
corresponds to the elementary requirements of safety, health and
habitability.
With the expiry of this lease, it will have to forsake it
in the state or it found it at its entry, taking into account what would have
been degraded by the normal use or the out datedness.
The parts are appropriate that it will be proceeded, before the entry of the taker, and for divided
expenses, the establishment of an inventory of fixtures ' established:
- with the friendly one
- by expert
In this last case, they indicate by mutual agreement
M................. in
the capacity as expert for this mission.
Except contrary convention, the report of the inventory of
fixtures of exit will be established according to the same methods applied at
the entry, after that the taker will entirely have released the places, and at
the latest, the last day of lease. The
expert will have the role of verifying and evaluating the damages for which the
taker is responsible.
For the establishment of the inventory of fixtures of
exit, the parts must have indicated their expert at the latest a month before
the end of the lease, either by mutual agreement, or, in the absence of
agreement, on request of the diligent part in front of the Justice of the
Peace. As well at the entry as at the
exit, the decision of the expert chosen by the parts or designated by the Judge
will bind the parts definitively.
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The stains will be charged at 5€ the cm, the scratches at
10€ the cm, the holes at 5€ the mm, in case that the entire wall needs to be
painted, the square meter of paint will be charged at 50€, and the entire room
will be painted.
7. INDEXING
In accordance with the
article 1728bis C. C. of the Belgian Law, the rent will be adapted, after
written request of the backer, once per year at the anniversary date of the
entry into force of this lease.
The adaptation has effect
for the past only for the 3 months preceding that by the request. This adaptation will be done in accordance
with the following formula:
Starting index
The starting lease rent is
that which is mentioned in article 4. The
starting index is that of the month which precede that
of the conclusion of the lease, thus, the new index will be that of the month
which precede that of the anniversary of the entry into force of the lease.
8. COMMON
COSTS
The reparations to the
parts of common use made necessary following flights, attempts of flight or
acts of vandalism will be supported by the taker, in proportion to the quota
falling on the rented places.
GENERAL
CLAUSES
9. MAINTENANCE
The taker will ensure the maintenance and the guard of the
rented places and all that serves or furnishes the private parts. In particular, without this enumeration being
restrictive, it will make at least once the year, to maintain by a specialist, with
his expenses, the heating and heating appliances of water and to scale the
water-heaters.
It will make clean the chimneys. The periodicity of this maintenance will
depend on the constraints related to the mode of existing heating in the
building (each year for the heating with fuel oil). It is held to maintain and reload the
existing apparatuses décalcarisateurs and
softeners.
It will make replace, inside like outside, the panes and
ices split or broken whatever is the cause, including the cause beyond
control. It will repair, as well inside
as outside, the dégàts ocasionnés
with the private parts and its door paliére during a
flight, of an attempt at flight ou' of act of
vandalism.
It will maintain in good condition the shutters like all
the apparatuses and conduits distribution of water gas, of electricity and of
central heating, the sanitary and led facilities of discharge, the
installations of ringings, telephones, parlophone, videophone, etc.
It will preserve the distributions and installations
against the effects and dégàts of frozen and will
take care that pipes and sewers are not blocked. If the places are equipped with household
apparatuses, the taker will make carry out with his expenses maintenance and
all repairs.
The taker will take
care to maintain the apartment in good condition of cleanliness and to wash
paintings so necessary.
If the tenant remains at fault to fulfill his obligations
of maintenance as described above, the backer will have the right to make carry
out work necessary to the expenses of the taker, who will be held like only
person in charge for the accidents coming from the bad use or maintenance of
the material concerned.
10. MODIFICATIONS OF the GOOD RENTED
All work, renovations, improvements, transformations of the
rented good could be carried out only with the written agreement of the
backer. Except contrary convention,
written and preliminary, they will be acquired without, allowance with the
backer who will preserve however faculty to require the re-establishment of the
places in their primitive state. The
taker will be able to place antenna or parabola outside only with the written
agreement of the backer.
11. RESORT
The taker will not be able to exert of recourse against
the backer, if it is established that this last, having been advised of repairs
which fall on to him, as soon as possible all measurements to cure it. It will be of same responsibilities rising
from articles 1386 and 1721 from the Civil Belgium code. The taker will immediately announce to the
backer the damages caused to the roof or all other repairs put by the law or
the lease at load of the owner; he will have to tolerate this work
whereas they would last more than 40 days and states to give up very indemnity
for harmful effect in his occupation. To
in no case, the taker will not be able (to make) to carry out his own
initiative of work or repairs falling to the backer and not presenting an
absolute urgently character.
12. DELAYS OF PAYMENT
Any amount due by the taker and not paid 7 days after its
expiry will automatically produce without setting in residence, with the profit
of the backer, a interest of 15 % per month starting
from its expiry, the interest of any started month being due for the whole
month.
The taker will be able to have animals only with the
written assent of the backer and provided that they cause directly or
indirectly no harmful effect. In the
event of failures with these obligations, the authorization could be withdrawn.
14. PUBLIC SALES
It is forbidden for the taker to proceed to public sales
of pieces of furniture, goods, etc, in the room, apartment or the house rented
for no matter which cause that it is.
15. ELECTION OF RESIDENCE
For all the obligations rising from this lease, the taker
made by the present election of residence in the rented good, as well for the
duration of this one as for its continuations, and this, even if there remains
actually domiciled elsewhere. In this
last case, it will communicate to the backer the address of his official
domicile like any change.
16. TRANSFER-AND SUB-RENTING
The taker will be able to yield his rights on the spot
rented only with the written and preliminary assent of the backer. The total sub-renting of,
well is prohibited. The partial
sub-renting is subordinated to the written and prior agreement of the backer
and to the condition that the remainder of the rented good remains affected
with the main home of the taker.
17. STATUTES
AND PAYMENTS Of an INTERIOR NATURE
The taker obliges to
respect the statutes of joint ownership as all the modifications which would be
made there and to ensure the execution of it.
He also commits himself respecting regalement of an interior nature and
the decisions taken by the general assembly of the joint owners. He finally commits himself respecting the
modifications made to regalement of an interior nature and the decisions taken
by the general assembly of the joint owners subsequently to the date of
signature of the lease in so far as these modifications and decisions are
communicated to him by the syndic. The
taker can take note of these documents
at.................................................................... In any event, the taker urges anything to
deposit in the parts of common use, and not to create noise disturbing the
other occupants.
18. TAXES
A the exception of the
advance payment of tax on real estate, all the taxes and any unspecified
taxation of the spot rented by any public authority will have to be paid by the
taker proportionally at the duration of his occupation.
19. ANTICIPATED END OF the LEASE
For a lease of a maximum length of 3 years
If the
taker wishes to leave the rented places in advance, the backer will be able,
with his choice
- to require from the taker a notice of
15 days | 1 month | 2 months | 3 months | 3 months
and the payment of a cancellation indemnity of
15 days | 1 month | 2 months | 3 months | 3 months
rent, respectively.
20. POSTING
- VISITS
Throughout all notice, like
in the event of setting on sale of the apartment, the taker will have to
tolerate, until the day of his exit, that posters are affixed at the apparent
places and that the amateurs can visit it freely and completely 2 days per week
(of which Saturdays) and 3 hours consecutive per day, to determine by mutual
agreement. Throughout all lease, the
backer or his delegate will be able to visit the places with a previous notice.
21.
EXPROPRIATION
In the event of
expropriation, the backer will warn of it to the taker who will be able reclaim
no indemnity with the backer;
it will be able to take advantage of its rights only against the
expropriator and will not be able to claim any allowance to him which would
come to decrease the allowances to be allocated with the backer.
22. LEGAL
RESOLUTION WITH the WRONGS OF the TAKER
In the event of legal
resolution of the lease to its wrongs, the taker will have to support all the
unspecified expenses, outlays and costs coming or to come from the head from this
resolution and to pay, in addition to the rents come in the term before its
departure, a fixed allowance and irreducible equivalent to the one six-month
period rent, increased its quota of taxes for this period and, for the same
period, of its quota of the loads which remains unchanged notwithstanding its
departure of the places.
23.
SOLIDARITY
The obligations of this
lease are indivisible and interdependent to the takers, their heirs or to their
having right, with some title that it is.
24. RECORDING
The recording of the lease
and the expenses related to it are supported by the taker who will only support
straight and fines to which this lease would give opening.
28.
CONDITIONS PARTICULIERES
1.
There are 25 Euros charge for administration costs.
2.
You’re free to use Bluetag in the walls, but
you’re responsible to leave the walls in the same way they were at the
beginning. If we need to paint the walls.
3.
Animals are not allowed. Some exceptions might apply, and there is an
extra 10€ per month charge per animal.
4. It is
true that the charges are included but we shouldn’t waste energy because of
this, if so there will be a penalty of 10€: For instance:
a. If
you open the window to ventilate the room, please make sure to switch off the
heater (radiator) since it has a thermostat. The thermostat is in number 3,
which corresponds to 22 degrees. For the apartment to warm up properly, it is
necessary that all the walls get warm, and this can only be achieved with everyones cooperation.
b. Don’t
leave the water running.
c. Don’t
leave the lights on.
5.
The room is meant for only 1 person, especially since the apartment has
to be shared with other people.
6.
Your friends could stay over for a maximum of 6 nights per month. After this
it will be considered as a temporary tenant.
7.
You are suppose to leave the room the 1st of the month. If you would need to leave the room a few days after, because of your flight, you would have to pay 55 EUR for each extra night.
8.
When leaving the room it has to be brushed and mopped, even under the
bed. The table, closet, and other objects have to be cleaned as well, in case
this is not done a 25€ fee will be retained from your security deposit.
9.
Smokers have to pay a 10€ fee per month for the fire insurance.
10.
No noise can be made in the hallways and stairs, some neighbors have
complained about noises. So, no chats can be carried out, no
gsm talking in the hallways, and if we need to talk
we can do it whispering.
11.
When walking with heels and/or hard sole shoes, please, try to tip-toe.
12.
Smoking is forbiden
in all common areas of the building.
13.
When having visits, please, tell them not to ring other ring bells,
other than ours, (5ieme AVANT).
14.
Please, don’t put any stickers with your name in the interphone, or
mailboxes. There will be one placed by us, with your name on it.
15.
Please, don’t lose the key. The security in the appartment
will decrease, and these are special keys that cost 20 Euros each.
16.
There are some cleaning schedules set by the same people living in the
apartment, and these have to be followed. In case this is not done properly, if
the majority of the people living in the apartment sings a paper saying that
you’re not participating, you would need to pay a 10 Euros fine per day, until they
withdraw this penalization; with a minimum of 7 days penalization since the
first action. (see also next point).
17.
If the majority of the people living in the apartment decides
for a specific reason to cancel your contract, they could do so. In that case,
you would need to move out within 1 month. So, it would be considered a forced
“fin anticipe du bail” from
your part, with all the consequences that this section of the contract
includes.
18.
**INTERNET only includes the NETWORK INFRASTRUCTURE (WI-FI WITH ETHERNET
(and/or NETWORK CABLE SOCKET in some rooms), and the internet service with Belgacom is not included in the contract. Nonetheless,
there is a connection (ADSL Belgacom Plus) in the
apartment meant for emailing & browsing which can be considered as a free
service from our part, but that is not included in the contract, so the quality
of this connection doesn't have a guarantee and if the connection is down there
is no one to blame or contact. In case some people in the apartment become
annoying by complaining about the service, since we're not responsible for it,
we reserve the right to cancel this connection, thus, the people in the
apartment would need to get their own connection. This is due to the fact that
some people were abusing from the connection and were downloading movies and
music. If you check in Belgacom.com you will see that this is the best ADSL
connection from Belgacom, with its limitations.
Done in Bruxelles..., in 2 copies, one for
each party.
Date: .............................................
The
Backer The Taker
Signature followed by Signature
followed by
the mention the mention
"Read and Approved" "Read
and Approved"
The Guarantee
Signature followed by the rankings
"Good
for joint and several
guarantee and indivisible
of all obligations of
the taker"
"Read
and Approved"