General conditions of the lease contract

Annex no.1
to Lease contract
Kehtestatud MTÜ Dormitorium
Juhatuse liikme 22.08.2016 käskkirjaga nr 18
 
MTÜ DORMITORIUM
 
GENERAL CONDITIONS OF THE LEASE CONTRACT (foreign students)
 
I GENERAL PROVISIONS
1.1.      The Parties shall be guided by the present lease contract (hereinafter Contract), the annexes to the contract and current legislation regulating property rent.
1.2.      According to the Contract, the Lessor, as the owner of property, gives the right to the tenant to use the property intended for rent during his/her studies at Tallinn University.
1.3.      The Lessor possesses the property intended for rent on the basis of the property rights and the contract concluded with Tallinn University.
1.4.      The tenant guarantees the maintenance, purposeful use, upkeep and return of the property given to him by the end of the contract.
 
II OBJECT OF RENT
2.1.      The object of rent is the property that is in the possession of the Lessor and consists of a room and premises for common use together with the property inventory. The object of rent and its condition are specified in the delivery and acceptance certificate of the premises and property as an annex to the contract, which is an integral part of the Contract.
2.2.      The tenant has the right to use the given property for living, according to the house rules of MTÜ Dormitorium (hereinafter MTÜ).
2.3.      A property that is subject to rent can also be used by other persons who have concluded a contract with the Lessor, according to the number of places in the rented room.
2.4.      The User should inform the Lessor on the found out shortages (the broken inventory etc.) in the room and box immediately at their revealing, rather than at the termination of the contract and transfer of residential premises. In the latter case User is responsible for inventory damage
 
III ENTRY INTO FORCE
3.1.      The contract enters into force from the moment of its signing by both parties.
 
IV CONTRACTUAL PAYMENTS
4.1.      The tenant pays rent to the Lessor for the current month. The amount of rent is set on the title page of the contract and includes payment for accommodation and a settlement payment for additional services including municipal services such as heating, electricity, water, sanitation and the use of laundry facilities.
4.2.      The amount of rent is established by the MTÜ management for each academic year (from July of current year until the end of June next year). In exceptional cases, the Lessor has a right to change the rent unilaterally by notifying the tenant of it at least 1 month ahead, if the direct costs, payments and tariffs related to the rented premises, are changed or for other important reasons for the Lessor. MTÜ will notify the tenant by email, along with a corresponding announcement on the bulletin board and on the homepage of MTÜ.
By signing the contract, the Tenant agrees that notification by email, an announcement on the bulletin board and website notice of the change in rent are deemed to constitute adequate notification of a change in the contract terms.
4.3.      On conclusion of the contract, the tenant pays the deposit. Upon termination or expiry of the Contract, the last month rent shall be withhold from the deposit, as well as any possible late interests, unpaid usage and utility fees (such as internet fee; penalties; fines etc). If the Tenant returns the rented property in condition as described in clause 5.2.12, no extra set-offs are necessary and the Lessor shall return the deposit net balance to the Tenant in cash when the keys and access cards has been returned and Property Condition act has been signed.
             The deposit net balance will not be returned in case the Tenant leaves dormitory In the event of contract termination without returning the keys and signing the Property Condition act.
4.4.      The Parties have agreed that the deposit is not recalculated during the validity of the contract and in the case of the non-payment of rent.
 
V DUTIES OF THE PARTIES
5.1.      The Lessor undertakes:
5.1.1.      To provide the tenant with a property intended for rent, as well as the means and rights to its access;
5.1.2.      To guarantee the necessary municipal services for the use of the rental premises;
5.1.3.      To provide the tenant with an electronic invoice for the rent no later than the 15th of every month. If the 15th falls on a weekend, then no later than the next working day;
5.1.4.      To provide the tenant with another equivalent property, if the leased premises is deemed unsuitable for use, excluding restoration works in the dormitory;
5.1.5.      To inform of urgent termination of the contract within 30 (thirty) calendar days.
 
5.2.      The tenant undertakes:
5.2.1.      To use the leased premises with care and according to the dormitory rules and to allow representatives of the Lessor freely enter all premises, including when there is a quick replacement of one tenant by another;
5.2.2.      To avoid damage to the property;
5.2.3.      To follow the instructions, orders and recommendations of the representative of the Lessor as well as the established fire safety rules, house rules and other recommendations;
5.2.4.      To immediately inform representatives of the Lessor of all damage, fires, etc. occurring in the rooms, and to take urgent measures to minimise damage and its consequences and to ensure the safety of residents;
5.2.5.      To be financially responsible for the maintenance and upkeep of the property given to him/her, and to compensate for any arisen costs or replacement expenses;
5.2.6.      To inform the Lessor for damages in the event of a breakdown or loss of property proceeding
5.2.7.      To return the property to the Lessor on the day of the contract termination in at least the same condition it was when it was taken over, while taking into account natural deterioration.
5.2.8.      To pay rent according to the given invoices by the last day of each month to the current account(s) of MTÜ as specified on the invoice;
5.2.9.      To pay the expenses related to money transfer;
5.2.10.   To not hand over the rented property (including keys) to other persons without the written permission of the Lessor;
5.2.11.         To notify the Lessor of the early termination of the contract at least 3 weeks advance, considering that the contract can be terminatedonly on the last date of the month.
5.2.12    Terminating a contract the Tenant is obliged to clean up the rented rooms (to take out garbage, wash floors, wipe dust from cupboards-shelves, remove stains from walls; empty all the cabinets and the fridge; take out all the personal belongings etc.) and to transfer the property to the representative of the Lessor (the supply manager, the Hall manager) confirming it with by signing an Act (see clause 8.6). The Tenant undertakes to return rented property with its assets, keys and access card to the Lessor in the same condition in which the Lease contract has been concluded, taking into account natural deterioration. In default of the listed obligations, the Lessor has the right to use the deposit paid by the User or demand penalty / fine for compensation of the arisen expenses, if needed.
 
 
VI RIGHTS OF THE PARTIES
6.1.      The Lessor has the right:
6.1.1.      To demand that the tenant fulfill the obligations specified in the contract;
6.1.2.     To supervise the purposeful use of the rented property, its maintenance and upkeep, and issue necessary mandatory directives and establish restrictions. Hall manager will make regularly supervise the condition of the rented rooms.
6.1.3.      To terminate the contract without delay if there are circumstances specified in clause 8.2.
6.1.4.      To demand a penalty or a fine, if needed, according to the Rules of Internal Regulations (such as  damages to the rented property; smoking in rooms;  causing false fire alarms; disturbing public order and peace of roommates; not cleaning or maintaining properly the rented property etc).
             If the tenant does not keep the rented property in good order and refuses to clean it properly, the Lessor has a right to demand a fee for the mandatory cleaning service. If more than 1 tenant is involved in the act (common spaces in the apartment need to be cleaned) then the fee will be shared between all the accessaries.
6.1.5.     The Lessor has the right to check the belongings of person in a building of the dormitory. In the absence thereof, the representative of the Lessor has the right to demand that the checked person leave or arrange for his forced removal from a building according to current legislation;
6.1.6.     To confiscate keys from persons who have no right to use them;
6.1.7.     To conclude lease contracts with other persons in accordance with the number of places in a room.
 
6.2.      The tenant has the right:
6.2.1.     To demand that the Lessor fulfill the obligations as detailed in clause 5.1. of the general provisions of the lease contract;
6.2.2.     To require a reduction in the rent if the terms of use of the property, as prescribed in the contract, or its condition have considerably worsened for reasons independent of the tenant and on which the tenant has in writing informed the representative of the Lessor, and if these shortcomings have not been eliminated by the Lessor within a reasonable time;
6.2.3.      To demand recognition of the property as being unsuitable and for its replacement with an equivalent property if the property has become unfit for use for reasons other than a wrongful act by the tenant, having notified the Lessor of this in writing;
6.2.4.     To urgently withdraw from the contract without observing the term of cancellation if the rented premises cannot be used for their prescribed purpose for reasons proceeding from the Lessor.
 
VII RESPONSIBILITY OF THE PARTIES
7.1.     The parties shall bear full responsibility for not meeting their respective contractual obligations, and in the case of occurrence of a loss during the rent of the premises;
7.2.     The Lessor is not responsible for the safety of the property of the tenant in a separate room;
7.3.      In terms of property non-conservation within the area of the premises under common use (corridor, kitchen, toilet, shower), the tenant assumes joint liability together with other tenants.
 
8. CHANGE OF THE CONTRACT AND ITS TERMINATION
8.1.      The terms of the contract can be changed in the contract itself and its annex in the prescribed manner or by written agreement between the parties;
8.2.      The Lessor has the right to immediately withdraw from the contract if:
8.2.1.      The tenant uses the property improperly or hands it over to other persons without the consent of the Lessor;
8.2.2.      The tenant ignores the house rules;
8.2.3.     The tenant intentionally or carelessly has damaged the rented property;
8.2.4       The amount due by the tenant exceeds two months’ rent;
8.2.5       The tenant is dismissed from Tallinn University
8.2.6.      The tenant does not carry out the recommendation as detailed in the contract and orders given out by the Lessor as well as other rules and requirements;
8.3.    The Lessor has the right to terminate the contract at any time, by informing the tenant of it in writing with notice of at least 30 calendar days.
8.4       The tenant undertakes to vacate the object of rent on the day of contract termination. Otherwise, the representative of the MTÜ has the right to act as follows:
8.4.1.      To enter into the rented premises with witnesses;
8.4.2.      To remove the personal items of the tenant from the premises, taking them before their transfer to the owner and ensuring their storage for 3 months from the date of contract termination. Relevant documents are drawn up and signed when taking property for storage and transferring it back to the owner.
8.5.     If the tenant refuses to vacate the premises, despite the preliminary notices, or prevent vacation of the premises, MTÜ has the right to use methods to ensure the vacation of the premises that comply with the laws of the Republic of Estonia;
8.6.      In the event of contract termination, the tenant undertakes to show the rented rooms to the representative of the Lessor (Hall manager) at least 5 days before the leaving and sign an Property ConditionAct according to which the condition of performance of the contractual obligations at the moment of contract termination, including debts, the condition and cleanliness of a property in the tenant’s possession (as described in clause 5.2.7 and 5.2.12) and other claims and demands, are determined.
8.7       The Lessor has the right to refuse to enter into a lease contract for the new period with a User who repeatedly failed to fulfill contractual requirements or violated the terms of the contract and requirements provided by the present rules.
 
….
 
XI DISPUTES
9.1.      All disputes that may arise during performance of the contract, its termination, changes and application of responsibility are to be resolved by agreement between the parties. If the parties are unable to reach an agreement, disputes shall be resolved in Harju County Court.