LEASE CONTRACT
concluded in Krakow on ……………………….. 2005by and between:
…… (hereinafter called the Landlord)
and
(hereinafter called the Tenant)
hereinafter in the Contract jointly referred to as the Parties.
1. FLAT
The Lessor grants and the Tenant takes a lease on a flat located in …………………… …………………………………………………………………………………………. (hereinafter called the Flat) under terms as laid down in this Contract.
1.1The Landlord states that he/she has the right to lease the flat.
1.2The Flat shall be delivered to the Tenant together with a water supply system, a sewage system, a heating system, a ventilation system and a wiring system, all in working condition.
2. TERM OF LEASE
2.1The Flat is leased to the Tenant for the period of his/her studies from………………… till ……………………………. with the possibility of prolongation. The Tenant shall be obligated to vacate the Flat on the last day of lease.
3. RENT
3.1 From the first day of the term of lease the Tenant shall be obligated to pay a monthly rent in the amount of PLN ……………………………………………………………………. before and not later than on 5th day of each month for which the rent is paid. The rent shall be made payable to the Landlord.
3.2Apart from the rent the Tenant shall be obligated to make the following additional payments monthly: ……………………………………………………. Additional payments shall be paid to the owner on the basis of monthly specifications presented to the Tenant.
3.3TheTenantpaid the amount of PLN ……………………..by way of a deposit.
4. DEPOSIT
4.1 A deposit is a sum of money securing the duration of lease and it shall not be returned to the Lessor if he/she moves out from the flat before the expiration of the term of lease.
4.2 A deposit shall be returned to the Tenant after the termination of the Contract of Lease and paying all charges by the Tenant but not later than 20 days after the Tenant has moved out.
4.3 A deposit shall not be returned to the Tenant if the Contract of Lease is terminated due to the Tenant’s fault, such termination being of immediate effect, i.e.:
-when the Tenant violates the rules of co-existence in the neighbourhood,
-when the Tenant or any third parties connected in any way with the Tenant behave loudly or play loud music between 10 o’clock p.m. and 6 o’clock a.m., or when the wear of the Flat goes beyond the usual wear due to regular use.
5. THE TENANT’S OBLIGATIONS
The Tenant undertakes as follows:
5.1To use the Flat in accordance with its appropriation, to take a good care of it and to maintain it in a proper condition;
5.2To return the above said Flat not later than on the day of the expiry of the Contract in the state not worse than the one in which he/she accepted it considering the usual wear due to regular use for purposes defined in this Contract. The Tenant undertakes to reimburse the Landlord for any damage of the Flat or its furnishings surpassing the regular wear or to cover the costs of its repair;
5.3To notify the Landlord immediately of any accident, fire or any other event causing damage to the Flat and also to take all necessary steps to limit such damage;
5.4To make the Flat available to the Lessor or his/her representatives upon prior arrangement in writing with the Lessor, for an inspection of the Flat to check whether it is used in accordance with the provisions of this Contract;
5.5Not to sublease the Flat or turn it into the possession of any third parties without the Lessor’s consent and knowledge;
5.6To comply with the in-house regulations regarding the maintenance of cleanliness in the building and the non-violation of the peace and quite of the night hours (10p.m. to 6 a.m.), and to fulfil other requirements, in particular to make the Flat available to teams of technicians for technical inspections, repairs, exchange and general repair works of a water supply and sewage systems, a heating system and a wiring system.
5.7Lesee is not going to blaim the Landlord if there is not enough water in the tank because of it’s leak in the tank caused ennormal usage.
6. LEASE TERMINATION
The Landlord can terminate the lease in writing, such termination having an immediate effect, in the following cases:
a)the Tenant uses the object of lease in non-compliance with the Contract or contrary to the appropriation of the Flat, damages the Flat or uses it in the way exceeding its regular, common wear;
b)the Tenant does not pay bills.
c)the Tenant is in arrears with the payment of the rent and despite granting him/her additional 14 days for payment, he/she still remains in default.
The Tenant can terminate the lease in writing, such termination having an immediate effect, in the following cases:
a)defects in the Flat constitute danger to the Tenant’s health (Art. 682 of the Civil Code, section “ The lease of lodgings and business premises”);
b)the technical condition of the Flat deteriorates due to reasons outside the Tenant’s control (e.g. lack of water or power, prolonged repair works in the Flat, etc.)and it lasts longer than 10 days.
7. DECLARATIONS AND GUARANTEES BY THE PARTIES
7.1 The Parties hereby confirm that they have legal capacity to perform legal actions and full capacity to fulfil obligations arising out of this Contract.
7.2 The Lessor confirms that he is the sole owner of the Flat.
8. SETTLEMENT OF DISPUTES
8.1 Disagreements, disputes and claims that may arise between the Parties in connection with the performance, the amendment, the termination or the interpretation of this Contract shall be settled by way of negotiations between the Parties.
8.2 When negotiations turn unsuccessful, claims in connection with the Contract shall be settled by the court in accordance with the proceedings in force.
9. FINAL PROVISIONS
9.1 Terms of this Contract can be changed exclusively upon written consent of both of the Parties.
9.2 The Contract has been drawn up in the Polish and English language versions for each of
the Party; the two language versions are identical.
9.3 Any and all issues which are not regulated in this Contract shall be settled by the Parties in
accordance with Polish law in force.
The Lessor : The Tenant:
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