Lease agreement terms and conditions
I. GENERAL PROVISIONS
- This Agreement (hereinafter the Agreement) is entered into for a period of one academic year and is the sole legal basis for the use of dormitory premises, appliances and implements.
- The Lease Agreement establishes the rights and obligations which arise for a student who uses the living premises in the dormitory of the Estonian University of Life Sciences (hereinafter “EMÜ”).
- The Tenant warrants the preservation, use for intended purpose, maintenance and return of property granted to them for use.
II. LEASE OBJECT
2.1 The lease object is the property in the Landlord’s possession which consists of a room and commonly used areas and implements located therein. The lease object and condition thereof shall be specified in a transfer and acceptance act of room(s) and property, which forms an inseparable part of the Agreement.
2.2 The property which constitutes the lease object may be also used by other persons who have entered into a lease agreement with the Landlord, depending on the number of occupants on the leased premises.
III. ENTRY INTO FORCE OF AGREEMENT
3.1 The Agreement enters force once signed by both Parties.
IV. PAYMENTS UNDER AGREEMENT
4.1 The amount of rent and security deposit shall be determined by order of the rector upon the proposal of EMÜ’s administrative director.
4.2 The tenant shall pay rent for accommodation in the Dormitory and the use of appliances and implements which shall be paid by the 20th day of each month to the current account of EMÜ, having indicated the reference number in the payment order as indicated in the invoice. In addition to the rent, the tenant shall pay for the utilities provided to them in the preceding month, as follows: for water and sewerage depending on the number of occupants in the Dormitory; for electricity, heating and hot water depending on the size of the leased premises.
4.3 The Landlord may change the rent amount with one month’s notice in the case of a change in direct expenses or taxes related to the leased property, or due to another reason of importance to the Landlord. Having entered into the Agreement, the Tenant agrees that alteration of the Agreement’s terms and conditions displayed on the information board and the website shall be deemed an alteration of the Agreement’s terms and conditions.
4.4 When the Tenant enters into the Agreement for the first time, they shall pay a reservation fee used as a security deposit by the Landlord from the beginning of the use of the property. If the Tenant terminates the Agreement before the start of use of the property, the reservation fee shall not be returned to the Tenant.
4.5 Payment of the security deposit shall ensure the timely and due fulfilment of the Tenant’s obligations under the Agreement upon the expiration of the Agreement. The Landlord shall not pay the Tenant interest on the security deposit paid by the Tenant to the Landlord.
4.6 If the Tenant has overdue bills, the Landlord is entitled to claim penalty interest from the Tenant in the amount of 0.15% of the overdue amounts for every day of delay.
4.7 If the Tenant pays penalty interest in addition to the principal liability (principal debt) then it shall be deemed that payment first covers the penalty interest and then the principal liability. The Tenant is not entitled to fulfil their obligations (payments) in another order of succession.
4.8 During the period of the Agreement the security deposit shall not be used to cover outstanding debts which have not been paid.
4.9 In the event that the Tenant enters into a new lease agreement with the Landlord after the expiry of this Agreement, the security deposit shall be used as a security deposit for the new agreement.
4.10 Penalty interest, outstanding payments, the value of damaged or missing furniture or other property and, where necessary, cleaning expenses shall be deducted from the security deposit upon the vacating of the Dormitory if the Tenant has not performed their obligations to the Dormitory in a due and timely manner by the time of the Agreement’s expiry.
V. OBLIGATIONS OF PARTIES
5.1 The Landlord shall:
5.1.1 grant the Tenant the use of the property forming the lease object;
5.1.2 ensure access to utilities required for the use the leased premises;
5.1.3 introduce the house rules to the tenant and establish normal living and domestic conditions for the students;
5.1.4 submit rental bills to the Tenant by the 13th day of each month at the latest to the tenant’s personal Kampus account.
5.2 The Tenant shall:
5.2.1 use the leased premises and property prudently and in accordance with the Dormitory’s house rules and with regard to the interests of other occupants in the Dormitory;
5.2.2 maintain the leased property in a clean state, making minor repairs, where necessary, at their own expense and seeking the Landlord’s approval for any reconstruction and furniture rearrangements;
5.2.3 avoid damaging the Landlord’s property as well as electricity and heating systems;
5.2.4 observe the instructions, orders and directions of the Landlord’s representative and the house rules for accommodation, fire safety etc.
5.2.5 grant the Landlord’s representatives access to all premises;
5.2.6 promptly notify the Landlord’s representatives of any emergencies, fires etc. which take place on the premises, having taken prompt steps to eliminate emergencies and their consequences;
5.2.7 be held materially responsible for the property transferred to them and compensate damage incurred through their fault;
5.2.8 in the event that the Tenant is left alone in a multiple occupancy room and if there is a free place available, move to another multiple occupancy room occupied by a person of the same gender; in the event of refusal to do so, pay the full rent for two occupants starting from the second month;
5.2.9 inform of interruptions to their studies within 30 days of becoming aware of such and notify of their wish to terminate the Lease Agreement 30 days in advance;
5.2.10 on the day of the Agreement’s termination, return the property to the Landlord in the same condition as it was received, considering normal wear and tear;
5.2.11 not give the leased property (including keys or smart card) to other persons without the written consent of the Landlord;
5.2.12 in the event of the loss of or damage to the smart card, pay a fine in the amount of 10 EUR; in the case of the loss of or damage to the secure key, pay a fine in the amount of 31 EUR; and in the case of damage to ventilation window limiters, pay a fine in the amount of 31 EUR.
5.2.13 keep your personal belongings (e.g. bicycles, baby strollers) only in places intended for their storage (outside bicycle rack, bicycle storage house, your personal living space according to your contract), storing personal items in dormitory common rooms and evacuation routes is forbidden.
VI. RIGHTS OF PARTIES
6.1 The Landlord is entitled:
6.1.1 to claim the fulfilment by the Tenant of the obligations under the Agreement;
6.1.2 to check at least twice a year that the leased property is being used for the intended purpose, to check the preservation and maintenance of the leased property and, where necessary, give respective compulsory directions;
6.1.3 to terminate the Agreement extraordinarily without observance of the advance notice requirement if the Tenant’s debt for rent and accessory expenses exceeds the security deposit;
6.1.4 if a security car or the Rescue Board have been called or if you cover the smoke detector, then the claim for persons who did/caused it, has to pay the fine which is 50 EUR for each call
6.1.5 to check, through its representative (accommodation manager, accommodation specialist, administrator etc.), the connections between persons in the building and EMÜ’s dormitory, demanding the presentation of dormitory cards. If no dormitory card has been presented, the Landlord’s representative is entitled to demand that such a person leave the building or force them to leave the building in accordance with current legislation.
6.1.6. refuse to make a new Lease Agreement with a previous tenant who has unpaid debt to the University of Life Science from the period of their last Lease Agreement and/or whose Lease Agreement was terminated extraordinarily due to failure to follow Lease Agreement terms or severely breaking dormitory house rules.
6.2 The Tenant is entitled:
6.2.1 to claim the fulfilment by the Landlord of the obligations provided for in subsection 5.1 of the Agreement;
6.2.2 to make proposals to the Landlord concerning the better use of the living space and commonly used areas;
6.2.3 to terminate the Agreement extraordinarily without observance of the advance notice requirement if it is impossible to use the leased premises due to a reason related to the Landlord.
VII. LIABILITY OF PARTIES
7.1 The Parties shall be held fully materially liable for the non-performance of the Agreement’s terms and conditions as well as for damage during the lease of the property;
7.2 The Landlord is not liable for the preservation of the Tenant’s property in the room allocated to the Tenant;
7.3 If the property has not been preserved in the commonly used areas, the Tenant bears joint and several liability with other tenants.
VIII. ALTERATION AND TERMINATION OF CONTRACT
8.1 The terms and conditions of the Agreement may be changed following the procedure specified in the Agreement and annexes thereto or by written agreement between the Parties;
8.2 The Landlord shall be entitled to terminate the Agreement extraordinarily without observance of the advance notice requirement if:
8.2.1 the Tenant does not use the property for its intended purpose or has granted the use of the property to other persons without the Landlord’s consent;
8.2.2 the Tenant has damaged the property wilfully or due to negligence;
8.2.3 the Tenant has an outstanding debt for rent and accessory expenses which exceeds the security deposit;
8.2.4 the Tenant has been expelled;
8.2.5 the Tenant does not comply with the provisions of the rules, directives and other instructions that require the tenant to follow the contract;
8.2.6 there is another significant reason that gives the Landlord reason to believe that the Tenant will not be able to fulfill their obligations under the contract.
8.3 If EMÜ wants rooms to be vacated prematurely (premature termination, repairs etc.), it shall notify the Tenant 15 days in advance at the latest. If the Tenant has not returned the property by the date notified by EMÜ, the Landlord’s representative is entitled to proceed as follows:
8.3.1 in the presence of witnesses, enter the room used by the Tenant;
8.3.2 vacate the room of the Tenant’s personal possessions, having taken them for safekeeping pending their transfer to the owner, and guaranteeing their safekeeping for a period of three months after the Agreement’s termination date. Respective acts shall be drawn up upon the taking for safekeeping and transfer of the property which shall be verified with the required signatures.
8.4 If the Tenant refuses to vacate the rooms in spite of prior notification or impedes the vacation of the rooms, the Landlord’s representative is entitled, in order to vacate the rooms, to adopt measures which do not contravene the laws of the Republic of Estonia.
IX. MISCELLANEOUS PROVISIONS
9.1 Any disputes arising in relation to the performance, termination or alteration of the Agreement or liabilities shall be settled by way of agreement between the Parties. Upon failure to reach such an agreement, the disputes shall be settled in court
9.2 The Tenant represents and warrants that:
9.2.1 all of the information submitted by them when entering into the Agreement is truthful;
9.2.2 before entering into the Lease Agreement they familiarised themselves and understood the general terms and conditions of the Lease Agreement and that they agree with them and undertake to fulfill them;
9.2.3 they familiarised themselves with EMÜ’s house rules and undertake to fulfill them;
9.2.4 the Agreement has been made in two copies, of which the Landlord and the Tenant shall retain one copy each.