AN AGREEMENT made in Nicosia, in 2018 (the “Lease Agreement
R.A. HALLS SOCIETY LTD
Registration No.: HE366343,
Registered office: 77 Stadiou, 2057, Strovolos, Nicosia (the “Landlord
represented by Annita Rotou, holder of Cyprus I.D. No.: 970136, of the one part, and
Passport/I.D. of the Republic of …………. with No.: …………,
With e-mail address ……….., (the “Tenant
”), of the other part.
AND IT IS HEREBY
agreed as follows:
The Landlord hereby with this present Agreement, wishes to lease to the Tenant and the Tenant wishes to rent from the Landlord the Suite with no. ...…, block: ..… floor: ...… (the “Suite”) in the student dormitory building known as «uniHALLStrinity» situated at 77 Stadiou in Strovolos, 2057 Nicosia (the «uniHALLStrinity»). The Suite does/does not include the right of exclusive use of the parking space.
2.1 This Lease Agreement is agreed for the period of 51 (fifty one) weeks commencing on the 17/09/2018 and ending on the 09/09/2019 (the “Tenancy Period”).
2.2 The present Lease Agreement, upon its expiration, may be renewed with the mutual agreement between the Parties and with the terms and conditions which will be agreed between them in writing, provided that the Tenant gives prior written notice to the Landlord, until the 02/05/2019, of his/her desire to renew the Lease Agreement and provided that the Landlord approves the said request in writing. The Landlord retains the right to refuse any request made by the Tenant for the renewal of the Tenancy, at their discretion, and in such a case the Tenant will be obliged to deliver free and vacant possession and use of the Suite upon the expiration of the Tenancy Period, without having any claim towards the Landlord.
2.3 In the event where the Tenant fails to give a written notice to the Landlord of his/her desire to renew the Tenancy until the 02/05/2019 then upon the expiration of the Tenancy Period, the Tenant will have the obligation to deliver free and vacant possession and use of the Suite to the Landlord and the Landlord will have the right to rent the Suite to another tenant without having the obligation to send any further notice to the Tenant and/or without any kind of obligation towards the Tenant.
2.4. The Parties further agree that upon the expiration and/or termination of the Tenancy Period of the Lease Agreement, or of any renewal thereof, the Tenant has the obligation to immediately deliver free and vacant possession and use of the Suite to the Landlord without having any claim against the Landlord.
3.1 The agreed yearly rent for the period from 17/09/2018 to 09/09/2019, which will be paid by the Tenant to the Landlord, is agreed at €… (….. Euros) (hereinafter referred to as the “Rent”) and will include the Electricity bills (consumption up to 120 Kwh/month), Water bills, Internet bills and Communal Areas Charges.
3.2. The Rent will be payable by the Tenant to the Landlord on the predetermined dates as per Option ..…... of the Appendix A attached. The Rent will be payable by the Tenant to the Landlord either to an authorized representative of the Landlord or will be transferred in a bank account previously designated, in writing, by the Landlord. The payment of the Rent will only be proved with an original receipt from the Landlord or by any authorized representative of the Landlord or by the Tenant’s Bank. Any other form of receipt will not be accepted as proof of payment.
3.3. In case the Tenant delays and/or fails and/or omits to pay the agreed Rent or any other amount due pursuant to the provisions of the present Agreement, then the Rent in arrears or any other amount due will bear an interest of 6% annually from the date that it has been rendered payable until the date of its full payment irrespectively of any other rights or remedies which may be available to the Landlord.
3.4 In the event where, pursuant to any law or any other regulation, there should be imposed any VAT amount on the Rent, such amount will be in addition to the agreed Rent and will be paid exclusively by the Tenant.
3.5 The Landlord is not obliged to receive lower or part payment of the agreed Rent by the Tenant. It is understood that in case the Landlord accepts lower or part payment of the Rent they do not lose their right to terminate the present Agreement and claim damages and/or claim any amounts due and/or accrued interest at any given time.
4. SECURITY DEPOSIT GUARANTEE
4.1 A security deposit guarantee of €… (…... Euros) (the “Security Deposit Guarantee”), shall be paid today by the Tenant to the Landlord, as per Option ...… of Appendix A attached, and shall be kept by the Landlord at all times as a guarantee deposit for the performance by the Tenant of all his/her obligations herein contained and/or for the payment of any bills and/or expenses and/or to cover any damages caused to theSuite and/or to the uniHALLStrinity by the Tenant, fair wear and tear exempted.
4.2 The amount of the Security Deposit Guarantee or any balance thereof, as the case may be, shall be returned, without interest, to the Tenant at the termination/expiration of the tenancy provided that the latter shall have complied with all his/her obligations hereunder. The said amount will be returned either with a bank transfer to a bank account designated by the Tenant (in this case the Tenant will be charged with the relevant bank transfer charges) or with a cheque, 7 (seven) working days after the Tenancy Period has been terminated/expired, provided that the Tenant has deliveredto the Landlord free and vacant possession and use of the Suiteand to the Landlord has confirmed that all the terms and conditions of the Lease Agreement have been met. It is understood that the Tenant shall not be entitled to set-off this Security Deposit Guarantee, or any balance thereof, against any Rent due hereunder.
4.3 In case of termination/cancellation of theLease Agreement by the Tenant for any reason prior to the expiration date of the Tenancy Period, or of any renewal thereof, and/or because of failure on the part of the Tenant to deliver free and vacant possession of the Suite to the Landlord on time, the Parties agree that the Security Deposit Guaranteewill be automatically retained by the Landlord as a pre-agreed minimum compensation. The Tenant acknowledges and agrees that in such a case the Landlord will suffer loss.
4.4 The Parties further agree that in the event where damages will be created to the Suite and/or to the uniHALLStrinity, at the fault of the Tenant, then the Landlord will have the right to retain the whole or part of the Security Deposit Guarantee. If the damage caused by the Tenant to the Suite and/or to the uniHALLStrinity, exceeds the amount of the Security Deposit Guarantee, then the Tenant will be obliged to pay to the Landlord any additional amount which might be requested by the Landlord for the full repair of the damages caused within 7 (seven)days.
4.5 The Landlord agrees that if, for any reason, the Suite cannot be delivered to the Tenant on the commencement date of the Lease Agreement, then the Landlord will have the right to terminate the present Agreement and return to the Tenant the amount of the Security Deposit Guarantee.
5. USE OF THE SUITE
The Suite shall be used personally by the Tenant for residential purposes only (i.e. as a dormitory room), for the Tenancy Period defined hereinabove, and in such a way that it will not cause any nuisance or discomfort to the tenants of the neighbouring suites or generally to the uniHALLStrinity.
6. RETURN OF SUITE
The Tenant undertakes upon the expiration/termination of the Lease Agreement to deliver free and vacant possession of the Suite to the Landlord in the same excellent condition as it was at the time when he/she received it (excluding normal wear and tear). If the Tenant does not deliver free and vacant possession of the Suite to the Landlord in the same excellent condition as it was at the time when he/she received it then he/she will be liable to pay to the Landlord the relevant amount of compensation for any damage or loss caused by its fault or negligence.
7. LANDLORD’S OBLIGATIONS
7.1 The Landlord agrees that the Tenant shall peacefully hold and enjoy the Suite during the Tenancy Period without any interruption by the Landlord or any person rightfully acting on the Landlord’s behalf provided that the Tenant is paying the Rent as indicated in the present Agreement and performs and observes the terms and conditions of this Agreement.
7.2 If the Tenant violates any of the terms and conditions of the present Agreement, the Landlord will have the right to terminate the Agreement and request the Tenant to immediately deliver free and vacant possession of the Suite tothe Landlord.
7.3 The Landlord and/or any other authorised representative of the Landlord reserves the right to make periodic inspections in the Suite and may enter the Suite at their discretion, upon giving prior notice to the Tenant, for (but not limited to) the following reasons:
i. To carry out maintenance works and repairs and/or safety and equipment checks and/or periodic damage control.
ii. To verify that the Suite is being used exclusively by the Tenant and not by third parties.
iii. To check that there is no use of products or substances that threaten the health and safety of the Tenant and/or of the other tenants of the uniHALLStrinity.
iv. To show the Suite to prospective/interested tenants.
v. In cases of emergency. In such cases the Parties agree that prior notification is not required when the access by the Landlord and/or his agents or representatives is justified by reasonable cause or emergency situation.
7.4 A The Parties agree that none of them has the right to terminate/cancel the present Lease Agreement before the expiration date, defined herein above.
B. Regardless of the above, the Landlord will have the right to terminate the present Lease Agreement and receive free and vacant possession of the Suite from the Tenant when:
i. The Tenant does not pay the Rent and/or the relevant bills and/or does not comply with his/her obligations.
ii. The Tenant threatens the physical integrity of other tenants and/or visitors and/or staff members.
iii. The Tenant grants unauthorized use and/or subleases the Suite to third parties.
iv. The Tenant is acting and/or has been caught in acts of vandalism and/or theft.
v. The Tenant acts in a way that disturbs and/or creates nuisance and/or violence and/or improper behaviour towards other tenants.
C. The Landlord reserves the right, in any case and without any limitation of their rights, to file an action against the Tenant or Guarantor of the Tenant as well as to claim all/any outstanding Rent and/or any other amounts due to the Landlord until the termination date of the present Agreement and/or claim compensation for damages and/or vandalisms as well as to file a complaint to the Police in case where there is suspicion of any criminal offence/activity by the Tenant.
7.5 The Parties further agree that the Landlord has requested the Tenant’s e-mail in order to send him/her notices, as indicated in paragraph 9, in cases of emergency and/or forinforming the Tenant about anything related to the Suite and/or to the uniHALLStrinity in general.
8. TENANT’S OBLIGATIONS
8.1 The Tenant declares that he/she has visited and inspected the Suite, prior to the signing of the present Lease Agreement and that the Suite is in an excellent condition and to his/her full satisfaction.
8.2 The Tenant shall pay the agreed Rent herein reserved at the times and in the manner specified herein, without any deductions for any reason or excuse.
8.3 In case where the Tenant fails to comply on time with the payment and/or with the amount of the Rent and/or with any other amount due gives the Landlord the right to seek damages and/or terminate the present Lease Agreement and/or the right to withhold the Security Deposit Guarantee which has been paid by the Tenant to the Landlord.
8.4 The entrance cards will be automatically disabled in the event where the Tenant fails to pay the Rent or any part thereof on the agreed date/s. The maximum grace period which may be given to the Tenant, following arequest made by the Tenant for a delay in the payment of the Rent or part thereof, cannot exceed seven (7) days beyond the due date as this is specified in Appendix A. The entrance cards will be reactivated only when the number displayed on the receipt of the payment of the Rent or part thereof is submitted in the system.
8.5. The Tenant shall not make any structural alterations, amendments, modifications, additions, repairs, removals or constructions on the Leased Suite without the written consent of the Landlord. In case where any alteration and/or modification and/or addition and/or repair and/or removal has been made to and/or within the Suite by the Tenant, then the Tenant will be liable and responsible to reinstate immediately the Suite to its original condition exclusively at his/her own expenses. If the Tenant refuses to do so, the Landlord will have the right to reinstate the Suite to its original condition and such costs will be solely burdened by the Tenant. The Tenant will remain liable for all expenses and/or costs that may arise.
8.6 The Tenant is obliged to cooperate with the Landlord to facilitate any works in the Suite and/or generally in the uniHALLStrinity.
8.7 The Tenant shall be obliged to inform the Landlord, immediately, of any damage caused and/or created to the Suite. In such an event the Tenant does not have the right to repair himself/herself any such damages in the Suite, including furniture, electrical appliances, plumbing installations, walls any other items in the Suite.
8.8 Upon expiration or termination of the Lease Agreement the Tenant has the obligation to move his/her personal belongings, furniture and equipment, exclusively at his/her own expense, and to deliver free and vacant possession of the Suite to the Landlord. In the event where the Tenant fails to do so, he/she will be deemed to have abandoned his/her personal belongings, furniture and equipment and it is agreed between the Parties that the Landlord will have the right to pack and/or move and/or store the said belongings, furniture and equipment from the Suite, at the cost of the Tenant, without the obligation to give further notice to the Tenant and/or without having any kind of liability towards the Tenant.
8.9 The Tenant shall not assign, lease, sublease the Suite or any part thereof, or permit another person to occupy or use the Suite or any part thereof without the written consent of the Landlord.
8.10 The Tenant shall not permit to be done on the Suite anything which may be, or may be likely to cause, a nuisance or annoyance to a person residing, visiting or otherwise engaged in a lawful activity in the locality. This responsibility includes the actions and behaviour of visitors and friends of the Tenant.
8.11 To permit the Landlord and/or his authorised agents or representatives upon giving reasonable notice and at reasonable times to enter upon and inspect the Suite.
8.12 The Tenant shall not keep in the Suite, any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Suite or might be considered hazardous or extra hazardous by any reasonable insurance company.
8.13 The Tenant has the right to keep, at his/her own expense, the contents of the Suite fully insured against fire and against all other risks. The Parties mutually agree that in the event where the Tenant does not proceed with the insurance of the contents of the Suite, as described hereinabove, he/she acknowledges all the risks/dangers involved and further agrees that the Landlord will not be liable to repair/replace any of the items and/or compensate the Tenant for any damage and/or loss, which may be incurred to the contents of the Suite.
8.14 Upon the termination or expiration of the present Agreement, the Tenant shall be deemed to possess the Suite illegally (trespasser) and shall be obliged to vacate and deliver free possession of the Suite to the Landlord. In case where the Tenant refuses and/or fails to do so, the parties agree that the Tenant shall pay to the Landlord the amount of €30 (ThirtyEuros) per day from the date of termination/expiration of the present agreement, as pre-agreed compensation, until the delivery of free and vacant possession of the Property to the Landlord. In any case, the Landlord will not lose their right to recover by themselves physical possession of the Suite.
8.15 In case of termination of the present Lease Agreement by the Tenant, irrespectively of the cause for such termination/cancellation, the Tenant will be obliged to pay all/any outstanding Rent and/or any other amounts due to the Landlord until the termination date of the present Lease Agreement as defined above.
8.16The Tenant further agrees that all or any of the following actions are strictly forbidden:
i. To carry on any trade, profession or business, on or from the Suite except from the purpose of using it exclusively on his own as a single private residence only.
ii. To commit or allow any visitor to commit any form of criminal offence and/or harassment or threat of harassment on the grounds of race, colour, religion, sex, sexual orientation or which may interfere with the peace and comfort of, or cause offence to, any other tenants, and visitors, any employee of the Landlord or his agents or his contractors and/or nuisance or intimidation or physical, verbal or written abuse against other tenants, visitors, any employee of the Landlord or his agents or his contractors.
iii. To permit any television, radio, musical instrument, or other sound producing equipment to be audible outside the Suite between the hours of 23.00 and 07.00 and/or generally to cause nuisance or annoyance to any of the neighbouring suites and/or to the uniHALLStrinity at any time.
iv. To use any illegal drugs or allow the usage of any sort of drugs by visitors in the Suite, unless they have been prescribed by a qualified doctor.
v. To use or permit to use any fridge, freezer, storage heater, fan heater, convection heater or other electrical appliances in the Suite without the permission of the front-office supervisor.
vi. To interfere with any fire fighting/prevention equipment, such as fire extinguishers, fire blankets, and fire alarms, smoke detectors and also not obstruct any fire doors or fire exit routes or disconnect automatic door closures.
8.17. The Tenant is obliged to comply with the Health & Safety Regulations and Fire Regulations of uniHALLStrinity and with all other Terms and Conditions in relation to the
tenants of the uniHALLStrinity, all of which are attached on the Lease Agreement.
All notices, which are required to be given hereunder between the Parties shall be in writing and shall be sent to the last known address of the recipient, or to any other address as the recipient may designate/communicate by written notice to the other party. Any such notice between the Parties may be also delivered personally or by registered post, or by facsimile transmission or by e-mail and shall be deemed to have been served, if by personal delivery when delivered, if by registered post 48 hours after it has been sent, if by facsimile transmission or e-mail when sent. In the event where any notice has been personally delivered, the recipient of such notice/letter will be obliged to sign, simultaneously with the receipt of such notice/letter, the relevant receipt.
10. GENERAL TERMS AND CONDITIONS
10.1 The present Agreement shall be governed by and construed in accordance to the Laws of the Republic of Cyprus. All cases must be referred to the District Court of Nicosia to resolve any dispute.
10.2 All the terms of the present Agreement are essential. Breach of any of them, by any of the parties gives the right to the other party to claim for damages. All the terms and conditions of this Agreement regarding the time of execution of any contractual obligation, as well as all the rest terms and conditions of this Agreement are of the essence of the contract and any breach thereof by any Party shall entitle the innocent Party to terminate the present Agreement and/or claim compensation. In addition, a breach by the Tenant of any of the above conditions entitles the Landlord to terminate this Agreement and request the immediate possession of the Suite. The Tenant will continue to be liable for any accrued and unpaid Rent, for any damage caused to the Suite, as well as for any damage caused to the Landlord due to non-rental or rental of the Suite with a lower rent.
10.3 The various provisions of this Agreement are severable from each other and from the other provisions of the Agreement, and in the event that any provision in this Agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be fully effective, operative and enforceable.
10.4 All Appendices attached on the present Agreement constitute an integral part of this Agreement.
10.5 The present Agreement contains and constitutes the entire understanding and agreement between the Parties hereto in relation to the subject matter hereof and supersedes and cancels all previous negotiations, understandings, agreements, and commitments, whether oral or written, with respect to the subject matter of the Agreement.
10.6 Any amendment of the terms of this Agreement shall be made in writing and agreed between the Parties and with the signature of both Parties.
10.7 The present Agreement executed in two originals, one of which is handed over to the Landlord and the other one to the Tenant.
EXECUTED BY THE PARTIES on the date and place first above written.
R.A. HALLS SOCIETY LTD
[Name & Surname]
represented by Annita Rotou