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:  Brussels...  Country:  Belgium.... 

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

 

 

 

 

PARTICULAR CLAUSES

 

 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
Brussels........  Postal Code:  1000...  Address:  Melsens or Dansaert....  No:  15 or 24 or 30... 

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 –
Brussels - BELGIUM
ING ANSPACH Agency – Anspachlaan 2-4 - 1000 –
Brussels -BELGIUM

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.

 

.................................................................

 

.................................................................

 

.................................................................

 

.................................................................

 

.................................................................

 

.................................................................

 

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 lease rent x New index

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.

 

 

I3.  ANIMALS

 

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"