TERMS & CONDITIONS
FIRST. - PURPOSE.
1.1. By means of this agreement, the LANDLORD will let the room identified in the “DETAILS OF RENTED PROPERTY” section above to the TENANT, who duly accepts, together with the furnishings and fixtures listed in the property Inventory included Appendix I. (hereinafter the “Room”).
The TENANT states that the Room is in good condition and agrees to return it in the same condition as at the start of the agreement. Likewise, they declare that the existing property is sufficient and in a good state of use, and they will not be entitled to demand any additions to or enlargement of the same.
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 of the furnishings and equipment for common use by all the Tenants, attached as Appendix II, and which the TENANT agrees to be complete and sufficient. They likewise declare that the existing furniture is sufficient and in a good state of use, and they will not be entitled to demand any additions to or enlargement of the same.
1.2. The TENANT will be allowed to use the Room specifically for residential use over the duration of the agreed period of the lease and may not use it for other purposes. Any breach of this stipulation may result in the termination of the Agreement, and lead to the forfeit of the Deposit as compensation for non-compliance. Both parties expressly agree that the installation of any business activity, office, industry or other commercial use will be prohibited. Nor may the lessee sublet or share their room.
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 apartment. The information about the administrative agent appears in page 1 of this agreement.
SECOND. - DURATION.
The present Agreement will be of duration as indicated in the “DETAILS OF THE AGREEMENT” section above, starting from signing date.
If the LESSEE terminates the before ending date, the LESSOR will be entitled, except in the case of a justifiable force majeure event (namely the death or serious illness of a family member, termination of employment), to keep the rental deposit as compensation for the lessee´s failure to comply with the obligatory terms of the contract.
This contract will be valid for the duration of the studies, or employment contract of the lessee whose details are given in the section “INFORMATION ABOUT THE LESSEE”.
In the same way the LANDLORD may use the Deposit to cover any costs of loss or damages to the Property, the furnishings listed in the Room Inventory or any items for common use under the terms of the Agreement, 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 neighbours, the day-to-day use of the apartment, and the misuse of the utilities. These costs will 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, PROPERTY ADDRESS AND ROOM NUMBER DETAILING THE RENT AND UTILITIES PAYMENT SUMS) to the account that appears in page 1 of this agreement.
If the payment has not been received by the 5th of the month, a payment of € 25.00 will be due for non-payment and the LANDLORD will be 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 considered to have been abandoned and the LANDLORD will be entitled to dispose of them as they deem appropriate.
3.2. On the signing of the Agreement the TENANT will hand the following over to the LANDLORD:
- (i) The first month’s rent and utilities service charges
- (ii) The sum indicated in the “DETAILS OF RENTED PROPERTY” section above as Deposit, equivalent to one month’s rent and utilities.
- (iii) The Agreement administration charges as applicable.
3.3. Utilities. Together with the rent, at the same time and in the same manner, the TENANT will pay the LANDLORD the sum indicated in the “DETAILS OF THE RENTED PROPERTY” section above, which will cover common charges and utility services (water, electricity, gas, internet, heating and other apartment supply and costs).
Tenants will not be able to make any change of supply company.
FOURTH.- RIGHTS & OBLIGATIONS OF THE TENANT
4.1. The TENANT has a right to:
- Exclusive use of the property subject to the agreement as well as the common areas and services of the apartment in accordance with the rules of peaceful cohabitation attached as Appendix IV.
- Renew the agreement via notification of their wish addressed to mail firstname.lastname@example.org 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. 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 1 July of each year.
- The TENANT will not be entitled to either partially or entirely renew the lease agreement, if payment is not up to date, does not accept the rental renewal price, or has failed to comply with the community living regulations established by the Homeowners´ Association.
4.2. The TENANT’s obligations will include:
- Full payment of the rent, as well as any monthly utilities within the deadline agreed in the Third Clause, as well as the Deposit and Administrative Costs.
- Checking the condition of the Room at the start of occupancy and informing the LANDLORD via the MANAGER of any problems within a maximum of 48 hours from the signing of this agreement. Otherwise it will be understood that the Room was handed over in a perfect state of repair and cleanliness. The room is a single room for one person, and the subletting or division of the room into separate rooms is forbidden.
- Not to keep animals in the apartment.
- The lessee may not carry out any alterations in the property, such as building work, drilling holes, or changes to the utilities (electrical wiring, plumbing, sound pressure, Wifi, furniture and fittings), that damage the apartment 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 IV of the present Agreement. The TENANT expressly agrees that, due to the particular situation of living together with other occupants of the same apartment, it is essential that the TENANT maintains civil behaviour, in regards to the basic rules of communal living, appropriate use of the shared areas and facilities both within the apartment 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 apartment and the Room to the LANDLORD, the MANAGER or other personnel appointed by them, to check the condition of the apartment and make repairs as necessary for the use of the apartment, in accordance with their obligations. For these purposes, the LANDLORD, the MANAGER or personnel appointed by them may enter the apartment 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, the MANAGER or appointed personnel wish to enter the Room, they should advise the TENANT in advance with at least 24 hours’ notice. Without prejudice the foregoing, the TENANT would also allow the entry to the LANDLORD or the person that could be designed in the event the TENANT is not informed at least 24 hours in advance.
- Use the Wi-Fi access service provided by the leasing party in a diligent and correct manner, in any case committing the lessee to not use paid 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 apartment 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 apartment, 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 apartment 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.
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 Room 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 apartment 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, apartment or Room, may be sufficient cause for the termination of the present agreement and eviction from the room 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 set of keys for the apartment and Room to the TENANT.
- To guarantee the TENANT free use of the Room, as well as shared use of the common areas of the apartment.
- To provide the apartment with all the basic utilities and services necessary (water, heating, 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. In all cases, 75 euros for a room and 150 euros for a full apartment will be deducted from the deposit for the cleaning and maintenance.*
* If the property owner considers that the apartment is not left in the same conditions to those that were delivered, he/she reserves the right to make use of the deposit to compensate for the damages caused by the tenants.
Full compliance with the obligations deriving from the present agreement, especially that of paying the rent, costs and utilities services, will be jointly guaranteed by the Parent or legal guardian of the TENANT as listed in the “TENANT DETAILS” section above.
Any breach or delay to the obligations of the TENANT will entitle the LANDLORD to claim for such obligations to be fulfilled by the parent or legal guardian who, as guarantor, will be required to accept responsibility for such payments, and in the event of refusal on the part of the latter, also entitle the former to retain the deposit and claim for any further loss or damages arising.
SEVENTH. - ADDRESS FOR NOTIFICATION PURPOSES.
For all notification purposes in relation to the apartment and Room and the corresponding lease agreement, for the duration of the same, the parties will use the addresses listed at the head of the agreement for the LANDLORD and the TENANT. Both parties should immediately notify the other of any changes to the above.
EIGHTH.- APPLICABLE LEGISLATION.
The present agreement is executed in accordance with the stipulations of Law 29/1994, dated 24th November, in relation to Urban Leasing (hereinafter the LAU), the text of Law 4/2013, dated 4th June, in relation to measures designed to relax and promote the rented accommodation market and will be governed by the freely accepted terms of this agreement, and in all situations not defined under the same, by the stipulations of the aforementioned the same, by the stipulations of the aforementioned Law, and in addition by the terms of the Civil Code.
NINTH. - PRIORITY RIGHT OF PURCHASE OF THE RESIDENTIAL PREMISES.
The Tenant hereby renounces this right as regulated under article 25, and referred to in article 31 of the LAU.
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 responsible for the treatment of your information?
MadridEasy Gestión de Alquiler S.L.U
C/Solano 31, 2. 28223. Pozuelo de Alarcón
With what purpose do we handle your personal information?
At Madrid Easy Gestión de Alquiler S.L. (Translation “Rent Management Ltd”) we use the information provided by the concerned parties in order to ensure the management of administration, accounting and finance for the services solicited, in addition to using it to enable commercial communication regarding our products and services.
How long will we keep your information?
Your information will be stored while and as long as the commercial relationship is maintained, and if necessary, during the following years necessary to fulfil all legal obligations.
What is the legitimation for the treatment of your information?
The legal basis for the treatment of your information is as follows:
-Execution of a contract: presentation of the solicited services
-Legitimate interest of the responsible party: to enable communication for commercial purposes
With whom will your information be shared?
Your information will not be shared with third parties, unless through legal obligation.
You authorise the transfer of your information, without detriment, to the financial entity BANCO SANTANDER, S.A. (Translation: “Santander Bank Ltd”) in order to guarantee the fulfilment of the obligations set out in this contract on the part of the leaseholder:
( ) YES ( ) NO
In the same way, in accordance with what is set out in the current regulation applicable to the Protection of Personal Information, in addition to the Organic Law 1/1982 of the 5th May, regarding civil protection of the right to good reputation, to personal and familial privacy and to one’s own image, the leaseholder also expressly and unequivocally authorises the proprietor (mark all that apply):
( ) To take, use and publish images in which the leaseholder may appear, be it individually or in a group, on the occasion of any event linked to the activities or outings that may be organised by MadridEasy Gestión alquiler S.L.U.
( ) The leaseholder authorises MadridEasy Gestión Alquiler S.L.U. to publish and/or reproduce their name, second name(s) and the address of their accommodation in Spain, provided that they abide in one of the properties of which MadridEasy Gestión alquiler S.L.U is the proprietor, or one of the properties managed by MadridEasy Gestión alquiler S.L.U, in addition to any images taken for the purposes of events related to activities or outings organised by either party. Such images may be put up and edited to be published at a later date and/or reproduced on any communication channel or platform, be they internal or external, pertaining to MadridEasy Gestión Alquiler S.L.U., specifically on its webpage, on social media networks, in videos and any other promotional or advertising material.
Transfer of information to other countries
No plan has been made to transfer information to other countries.
What are your rights when you provide us with your information?
Every person has the right to obtain confirmation as to whether or not information that concerns them is being handled Madrid Easy Gestión Alquiler S.L.
The concerned parties have the right to access their personal information, as well as to request the rectification of inaccurate information or, in the case that the information is no longer necessary for the purposes for which it was collected, among other motivations, to request its deletion.
In certain circumstances, the concerned parties may request the limitation of the handling of their information, in which case we will only keep it for the tax year or for the defence of legal claims.
In certain circumstances, and for reasons related to ones own situation, the concerned parties may object to the handling of their information. In this case, MadridEasy Gestión Alquiler S.L. will cease handling their information, except for any legitimate and compelling reason, or in the defence of possible legal claims.
You may exercise your rights materially in the following way: by contacting the email address email@example.com.
If you have given your consent for a specific purpose, you have the right to revoke the consent given at any time, without its revocation affecting the lawfulness of the handling of your information, which was based on your prior consent.
In the case that you feel your rights have been infringed upon in regard to the protection of your information, particularly if the exercising of your rights has not been satisfied, you may file a complaint with the Autoridad de Control en materia de Protección de Datos (Competent Authority for the Control of the Protection of Information) via their website: www.agpd.es.
How did we obtain your information?
The personal information handled in MadridEasy Gestión de Alquiler S.L. was provided by the concerned parties.
The categories of information handled are as follows:
- Identification information
- Postal and email addresses
- Commercial information
We do not handle specific information (such as information that reveals the ethic or racial background, the political opinions, the religious or philosophical convictions, the union affiliations, the genetic information, any biometric measurements taken in order to unequivocally identify someone physically, any information relating to the health, sexual orientation or activity, of any persons).
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 held 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 DNI / Tenant ID/ Passport