TERMS & CONDITIONS
FIRST. - PURPOSE.
1.1. By means of this agreement, the LANDLORD will lease the room identified in the “DETAILS OF RENTED PROPERTY” section above to the TENANT, who duly accepts, together the furnishings and fixtures listed in the property Inventory included Appendix I. (hereinafter the “Property”).
The TENANT states that the Property is in good condition and agrees to return it in the same condition as at the start of the agreement.
Likewise, the TENANT, will have full use of the common areas of the property, which consist of a furnished living room area, a fully equipped bathroom and kitchen provided with the household appliances listed in the Inventory, attached as Appendix I, and which the TENANT agrees to be complete and sufficient. The TENANT likewise declares that the existing furniture is adequate and in a good state of use, and he/she will not be entitled to demand any additions to or enlargement of the same.
1.2. The LESSEE agrees to use the property only as a temporal residence and not as a permanent residence. This temporal use cannot be modified throughout the validity of the present contract. Failure to comply with this obligation shall be sufficient reason to request the termination of the Contract, and to endorse the Guarantee Deposit as compensation for non-compliance. Both parties expressly agree to the prohibition to install in the apartment, any business, office or industry, nor any other activity. The sublet or expansion of the occupied unit is prohibited.
1.3. The MANAGER, by virtue of the agreement signed with the LANDLORD, appoints MADRIDEASY (hereinafter the “OPERATOR”), to act on behalf of the LANDLORD in order to perform such tasks as necessary for the adequate management of the Agreement, including communication with the tenants, reception of notifications and correspondence, formalizing and supervising compliance with the agreement and maintenance of the property. The information about the manager appears on page 1 of this agreement.
SECOND. - DURATION.
The present Agreement will be of duration as indicated in the “DETAILS OF THE AGREEMENT”.
If the LESSEE terminates the contract before the ending date, the LESSOR will be entitled to keep the rental deposit as compensation for the lessee´s failure to comply with the obligatory terms of the contract. In addition, THE LANDLORD may make use of the excess provision of utilities as compensation for the early termination of the contract.
In case of withdrawal of the lease by the LESSEE, the latter agrees to compensate for the damages and losses that the cancelation before the term produces to THE LESSOR. The compensation will be equivalent to the total amount of the remaining months of the inicial agreement.
In the same way, the LANDLORD may use the Deposit to cover any loss or damages to the Property, the furniture or any item for common use listed in the Inventory, or in general for any other breach of the obligations included in the present Agreement.
Notwithstanding the provisions of the preceding paragraphs and independently of the aforementioned guarantee deposit, the LESSOR may pass on to the lessee the costs arising from the lessee´s failure to comply with the applicable regulations, incidents with the neighbors, the day-to-day use of the property, and the misuse of the utilities. These costs will have to be paid immediately so that they can be repaired.
THIRD.- RENT & DEPOSIT
3.1. The TENANT shall pay the LANDLORD, as rent, the sum indicated in the “DETAILS OF RENTED PROPERTY” section above, within the first 5 days of each month, via direct bank payment or transfer (INCLUDING A PAYMENT REFERENCE LISTING THE FOLLOWING: NAME, DNI AND PROPERTY ADDRESS) to the account that appears in page 1 of this agreement.
If the payment has not been received by the 5th of the month, an extra fee of € 25.00 can be charged for non-payment, and the LANDLORD is entitled to bill an extra € 2.00 penalty charge for each additional day until payment is received.
Notwithstanding the above, a breach of the payment obligation within the specified time may result in the termination of the Agreement, entitling the LANDLORD to evict the TENANT by means of a written notification with 15 days’ notice, without further legal recourse, and the Tenant hereby agrees to the above together with responsibility for any charges which may result from this action.
In the event of eviction, any belongings of the TENANT which have not been removed will be kept in the Storage Area designated by the Manager for a maximum of 15 days and may be removed within a maximum of 5 days following payment of all sums owed and the costs of storage. After 15 days have passed and if the belongings have not been claimed and removed, they will be considered to have been abandoned, and the LANDLORD will be entitled to dispose of them as they deem appropriate.
THE LESSEE agrees to pay even if he is absent from the room for vacation or for any other reason during the agreed months of stay.
3.2. On the signing of the Agreement the TENANT will hand the following over to the LANDLORD:
- (i) The first month’s rent
- (ii) The sum indicated in the “DETAILS OF RENTED PROPERTY” section above as Security Deposit.
In no case the amount paid as a DEPOSIT will be attributable as RENT.
- (iii) The Agreement administration charges are applicable.
3.3. Utilities. Also, together with rent, at the same time and in the same manner, the TENANT will pay the LANDLORD the amount corresponding to the utilities.
FOURTH.- RIGHTS & OBLIGATIONS OF THE TENANT
4.1. The TENANT has a right to:
- The Exclusive use of the property subject to the agreement as well as the common areas and services of the property in accordance with the rules of peaceful cohabitation attached as Appendix III.
- Renew the contract via notification by email to email@example.com accompanied by a stamped enrolment certificate from the Study Centre or signed employment contract. This request must be approved by the lessor, updating the deposit and paying in full any outstanding charges or penalties and, where applicable, paying any additional administrative costs for renewal.
The LESSOR will update the rent in accordance with the stipulated rent increase when the lease is renewed. The LESSOR will generally, but not always, increase the rental prices on the 1th of July of each year.
- The TENANT will not be entitled to either partially or entirely renew the lease agreement, if payments are not up to date, does not accept the rental renewal price, or has failed to comply with the norms of coexistence established by the Homeowners´ Association.
4.2. The TENANT’s obligations will include:
- Full payment of the rent, as well as any utilities within the deadline, agreed in the Third Clause, as well as the Deposit and Administrative Costs.
- Checking the condition of the Property at the start of occupancy and informing the LANDLORD via the MADRIDEASY of any problems within a maximum of 48 hours from the starting date of this agreement. Otherwise, it will be understood that the Property was handed over in perfect conditions of repair and cleanliness. It is forbidden to sublet the property to a third party.
- Not introduce animals in the property.
- Not carry out any alterations to the property, such as construction work, drilling holes, or changes to the utilities (electrical wiring, plumbing, sound pressure, WIFI, furniture, and fittings), that damage the property and/or its fixtures; and subsequently result in the LESSOR having to undertake repair or renovation work.
- To respect the rules of the Homeowners Association as well as the Rules of Peaceful Cohabitation included as Appendix III of the present Agreement. The TENANT expressly agrees that, due to the particular situation of living together with other occupants of the same property, it is essential that the TENANT maintains civil behavior, in regards to the basic rules of communal living, appropriate use of the shared areas and facilities both within the property and the building as a whole, and that any breach of the above may lead to the termination of the present agreement by the LANDLORD for the benefit of the third parties adversely affected.
- To allow the entry into the property to the LANDLORD, the MANAGER or other personnel appointed by them, to check the condition of the property and make repairs as necessary for the use of the property, in accordance with their obligations. For these purposes, the LANDLORD, the MANAGER or personnel appointed by them may enter the property and/or room at least once a week to check compliance with the obligations included under the terms of this Agreement. In the event that the LANDLORD, or the personnel designated by him/her wishes to access the Property, they must give 24 hours notice to the tenant. If the notice is given less than 24 hours before, the TENANT must also provide access to the LANDLORD or the person designated by him/her.
- Use the Wi-Fi access service, if provided by the lessor, in a diligent and correct manner, and committing to not use this service to carry out activities contrary to the Law, morality, good accepted customs and / or for illicit, prohibited or harmful purposes of third parties. The leasing party will not assume under any circumstances any responsibility for the use made of this service by the lessee, the latter being in any case solely responsible for the use made of this service.
- To respect the common areas of the property and use them in an appropriate manner, maintaining them in a good state of cleanliness and hygiene.
- To respect hours of work, study and rest within the property, especially during the fixed hours of 11.00pm to 7.00am as listed under the Rules of Peaceful Cohabitation, and the Statutes of the Homeowners Association to not hold parties or conduct other activities that may disturb the other occupants of the property or residents of the building, or make noise exceeding the limits established under municipal regulations. Likewise, they should respect the rules of the Homeowners association in regard to the use of common areas and facilities of the building at all times.
- The tenant has to leave the accommodation before 12 p.m. (midday) the last day of the present contract.
- The LESSOR retains their right to show the rooms to future tenants with prior notice to the LESSEE without being denied the right to do so.
4.3. Any breach of the obligations defined in the previous section may entitle the LANDLORD to terminate the agreement and proceed with the immediate eviction from the Property together with corresponding claims for resulting damages. The TENANT expressly accepts that receipt by the LANDLORD of any complaint in writing from the Homeowners Association or other Tenants of the property drawing attention to non-compliance with the Rules of Peaceful Cohabitation, and in all cases a report to the Police regarding activity within the building, property or room, may be sufficient cause for the termination of the present agreement and eviction from the property without the requirement for any further formal proceedings.
FIFTH.- OBLIGATIONS OF THE LANDLORD
5.1. The LANDLORD’s obligations include the following:
- To provide a complete set of keys for the property to the TENANT.
- To guarantee the TENANT free use of the Property, as well as shared use of the common areas of the property.
- To provide the property with all the basic utilities and services necessary (water, gas and electricity). Any interruptions to such services are the direct responsibility of the service providers and not of the LANDLORD, and any disruption caused, not directly attributable to the LANDLORD, will not thereby entitle the tenant to a reduction in the rent.
- The security deposit will be returned to the account assigned by the tenant within two months after the termination of the lease.
- THE LESSOR is not responsible for loss, theft or robbery in the room / apartment, or for the deterioration of the belongings of the tenants inside the property.
- THE LESSOR is not responsible for any damage to public or private computers or any other electrical device that may be connected to the property's electrical network.
The complete and punctual fulfilment of all the obligations derived from this Contract, especially the payment of rent, expenses and supplies, is jointly and severally guaranteed by the co-tenant and / or parent or legal guardian of the LESSEE that appears in the section “DATA OF THE LESSEE” of the heading.
The breach or delay in the fulfilment of the LESSEE's obligations will give the LESSOR the right to claim the fulfilment of said obligations to the co-tenant and / or parent or legal guardian who, as guarantor, must take over the unfulfilled obligations. In the event that this does not comply, the LESSOR can endorse the deposit and claim the damages caused.
SEVENTH. - ADDRESS FOR NOTIFICATION PURPOSES.
Both parties set as domicile, the property subject to lease for the purposes of notifications derived from the contractual relationship, while the contract lasts. The LESSEE must notify any change that occurs in this regard.
EIGHTH.- APPLICABLE LEGISLATION.
This contract is governed in the first place in accordance with what is agreed by both parties, following the norms of the Civil Code regarding leases (articles 1554 and following of the Civil Code).
THE LESSEE acknowledges that the L.A.U., or legislation that replaces or modifies it, does not apply.
NINTH. - PRIORITY RIGHT OF PURCHASE OF THE RESIDENTIAL PREMISES.
The Landlord should inform the Tenant of their intention to sell the property at least THIRTY (30) DAYS prior to the date of signing of a purchase agreement.
TENTH CLAUSE LEASE AGREEMENT
Who is in charge of the process of your personal data?
MadridEasy Gestión de Alquiler S.L.U
C/Solano 31, 2. 28223. Pozuelo de Alarcón
In what purpose do we process your personal data?
(For owners) We process the information that you will provide us in order to realize the administrative management, accounting and fiscal of the requested services, like sending commercial information about our products and services.
How long do we keep your data?
The data will be preserved while the commercial relationship lasts, and in this case, during the requested years in order to keep the legal obligations.
What is the legitimation for your processing data?
Here, we are pointing out the legal base for your processing data:
(For owners) Execution of your contract: provision of services asked for.
(For owners) Legal interest of the responsible: by sending commercial information.
(For tenants and owners) Consent: see pictures.
To whom will your data be giving to?
It will not be given data to a third person, except if there is a legal obligation.
Without prejudice to, (indicate which option would you like):
(FOR TENANTS) you authorize and allow MadridEasy to get, use and publish pictures in which one you could eventually appear on, individually or in group, for any events associated with competitions or raffles that could be realized by MadridEasy Gestion Alquiler S.L.U
( ) YES ( ) NO
(FOR OWNERS) you authorize and allow MadridEasy Gestion Alquiler S.L.U to publish and/or use your name, surname and the direction of your home address in Spain, whenever it is one of the buildings that you own o that are managed by MadridEasy Gestion de Alquiler S.L.U., as well as pictures taken in order to be used in events associated with competitions or raffles organized by any of the two entities.
( ) YES ( ) NO
Transfer of data to others countries
There is no transfer of data planned to others countries.
What are your rights when you agree to give us your data?
Any person has the right to obtain a confirmation in order to know if we are processing personal data that involve them o no.
The people involved have the right to access their personal information, as well as ask for the correction of inaccurate data, or, in this case, ask for an elimination of it when the data are no longer useful.
In specials situations, the owner of the personal information used can ask for a limit in the process of its data, if that happens, we will be allow to keep and use them in case of a complaint.
In specials situations and for motives related to your extraordinary situation, people can oppose the process of their personal information. In this case, the owner will stop processing data, except for an urgent and legitimate motive, or to use it in a case of a possible reclamation.
The owner can exercise these rights writing an email to: firstname.lastname@example.org.
Previously, if the owner has consented for a concrete objective, he has the right to interrupt the consent that he agreed on at any time, without it affected the lawfulness of the process based on the previous consent of the reason he wants to interrupt it.
In case of a feeling of vulnerability about the protection of your personal data, especially when you did not felt satisfy, you can lay a claim to the “Control Authority in terms of Data's Protection” through its website : www.agpd.es.
How did we obtain your data?
The personal information that process the owner come from this exact person..
The categories of data that are processing are listed:
- Information about your identificacion
- Postal and email address
- Commercial information
We are not processing private personal information (such as the ethnic or racial origin, politics opinions, religious beliefs or syndical affiliation, genetic data, biometric data to identify in an unambiguous way a natural person, health data o information about the sex life or the sexual orientation of a natural person).
ELEVENTH. - LEGAL JURISDICTION.
The parties agree to submit to the Courts and Tribunals of the city where the property is located, for the purposes of any legal disputes which may arise in relation to the same.
The whole text of this contract has been written in Spanish. This version will be deemed authentic. English version will only be held for informative purposes.
And for the purposes expressed herein, the parties hereby sign this agreement in duplicate at the place and on the date indicated above.
MadridEasy Consultores, SLU
APPENDIX I Inventory
APPENDIX II Receipt of delivery set of keys
APPENDIX III Rules for Peaceful Cohabitation
APPENDIX IV Copy of Tenant’s Study Enrolment or Employment Contract
APPENDIX V Tenant’s ID/ Passport
APPENDIX VI Utilities
- Respect: tenants must respect the rules and laws regarding noise levels at all times. Loud noise cannot be made between 23.00 pm and 7:00 am. During this time, the tenant must be careful with the volume of television, music, talking...
- Visits: In shared flats relatives or friends of tenants cannot stay overnight at the residence/property.
- Parties and Gatherings: expressly prohibits parties performing within the housing.
- Tobacco and Alcohol: Smoking inside the building is not allowed, alcohol abuse is also not allowed.
- Other substances: The use and possession of drugs within the property is strictly prohibited. Breach of this rule will mean immediate expulsion from the property.
- Pets: Any kind of pet in the accommodation is not allowed.
- Maintenance: Tenants are responsible for properly maintaining the accommodation, respect the decoration of the house and, unless authorized by the owner, cannot introduce any other furnishings in the property. Nor can any other objects or motorized vehicles be sorted in the common areas of property. If any objects or motorized vehicles are found in these areas, they may be withdrawn from the property without notice & can be deposited in waste containers.
- It is forbidden to nail or stick objects on the walls, doors and refrigerators of the common areas.
- Cleaning: The tenant agrees to take care of the accommodation with due diligence and keep it clean, in cases where a cleaning service is included the tenant must know that this is only to help keep the house in good condition. The housekeeping staffs do not: DO LAUNDRY, WASH DIRTY DISHES NOR DISPOSE OF THE GARBAGE.
In the event that tenants, with or without a cleaning service do not keep the property clean, MadridEasy or the property owner may establish additional cleaning hours and the cost will be borne by the lessee.
- VERY IMPORTANT: it is strictly forbidden to throw any object other than toilet paper (sanitary pads, tampons, garbage, etc.) into the toilet. The sanitary and downspout systems of the buildings are narrow and easily clogged if misused. It is warned in the event of a clogging, the repair will be charged to the LESSEE who has caused the incident. If none of the occupants acknowledges being responsible for the jam or the breakdown, the expense will be shared between all the tenants of the property.
ANNEX VI - Utilities
As established on clause 3.3 of rental agreement together with the rent, the TENANT will pay the LANDLORD as utility provision the amount of:
- 45€ / month when renting a room
- 150 € when renting a whole property
This amount will cover commonutilities services installed.
If the amount for utilities is higher than monthly provision, this amount will be paid by tenants.
Tenants will not be able to make any change of supply company.
In all cases, the amount of 75€** for a room and 150€** for an entire apartment will be automatically deducted from the deposit, for cleaning and maintenance. *
*If the property owner considers that the property is not left in the same conditions as received, he/she reserves the right to make use of the deposit to compensate for the damages caused by the tenants.
**For apartments with four rooms or more, € 250 will be charged.