(hereinafter referred to collectively as the "Parties" and individually referred to as "the Party") have entered into this Lease Agreement (hereinafter referred to as "the Agreement") as follows.
1. SUBJECT OF THE AGREEMENT
1.1. The Landlord undertakes to transfer the flat to the Tenant (hereinafter referred to as "the Leased Object" or "Apartment"), with a total area of Загальна площа
sq. m. (Загальна площа, прописом (eng.)
sq. m.), for the period specified in clause 3.1 of this Agreement.
The Leased Object is located on the Поверх будинку (англ)
floor of the house / building at: Адреса квартири(англ)
The technical condition and other characteristics of the Leased Object are specified in the Transfer and Acceptance Act (Annex 1 to this Agreement), which is an integral part of this Agreement, and fully satisfy the Tenant.
1.2. The Landlord's ownership for the Leased Object is supported by the Contract of sale of the apartment, which is certified by a private notary.
The Leased Object is not subject to litigation between the Landlord and any third party, is not under arrest, is not leased to third parties, is not pledged.
1.3. The value of the Leased Object per month at the time of conclusion of this Agreement is Вартість Об'єкту оренди
1.4. The Leased Object is leased under this Agreement for the purpose of personal temporary living of the Tenant. If the Tenant uses the Leased Object (or a part thereof) contrary to the purpose, the Landlord has the right to demand termination of this Agreement. The change of purpose of use is possible only with the written consent of the Landlord and the appropriate approvals required under the current legislation of Ukraine.
1.5. The Landlord certifies that: at the time of entering into this Agreement there are no disadvantages that significantly reduce the value or ability to use the Leased Object for the intended purpose specified in clause 1.4. this Agreement; circumstances that are essential to resolving the issue of the conclusion of this Agreement are not hidden from the Tenant; all engineering communications, that are in the Lease Facility and / or ensure the proper technical condition of the Leased Object, are fully operatiove and function as intended.
The Leased Object is not alienated to other persons, including by transfer to the statutory capitals of legal entities; The Leased Object is not secured or seized; no litigation is involved in the Lease Facility and no enforcement action is being taken; The Leased Object is not provided for use by other persons - the Tenants; encumbrances, as well as any rights of third parties regarding the Leased Object; the conclusion of this Agreement will not violate the rights and legitimate interests of third parties.
1.6. The Parties acknowledge that: at the time of the conclusion of this Agreement, they have full civil capacity; the conclusion of this Agreement is in their interest; the will to enter into this Agreement is free, conscious and consistent with their own free will, without the influence of fraud, error or grave circumstances for the Parties; the terms of the Agreement are clear and consistent with the actual agreement of the Parties; this Agreement does not conceal any other transaction and is aimed at the actual occurrence of the consequences stipulated by this Agreement.
1.7. The Tenant shall not have the right to transfer the Leased Object or part thereof to the sublease to any third parties without the prior written consent of the Landlord.
2. PROCEDURE OF TRANSFER AND RETURN
2.1. The transfer of the Leased Object under this Agreement and the return to the Landlord of the Leased Object shall be supported by Tranbsfer and Acceptance Act, signed by both Parties, and which specifies the technical condition of the Leased Object, any deficiencies revealed by the Parties during the transfer of the Leased Object, list of equipment, inventory and other property that is transferred with the Leased Object.
2.2. The Leased Object is considered to be leased under this Lease Agreement from the moment of signing of the relevant Transfer and Acceptance Act by the Parties.
2.3. Upon the expiration of the lease term, as well as in the event of termination or early termination of this Agreement, the Tenant within 15 (fifteen) working days from the date of receiving from the Landlord the Transfer and Acceptance Act, obliged to return the Leased Object to the Landlord in the condition in which the Leased Object was at the time of the commencement of the lease under this Agreement, taking into account the normal wear and tear over the period of the Lease Agreement and any improvements made by the Tenant that cannot be separated from the Leased Object without causing damage to it.
2.4. The Leased Object shall be considered returned to the Landlord from the moment of signing by the Parties of the relevant Transfer and Acceptance Act, and in case of a non-motivated refusal of the Landlord to sign the Transfer and Acceptance Act - from the moment the Tenant of the Lease Object is actually released. In case of unjustified refusal of the Tenant to sign the Transfer and Acceptance Act of the Lease Object and refusal to release the Lease Object, which may be expressed in the actual use of the Leased Object upon the expiration of this Agreement, the Landlord has the right to take actions to effectively restrict access to the Leased Object.
3. TERM OF LEASE
3.1. This Agreement shall enter into force upon signature and shall remain in force until Строк оренди д, (напр.:May 1, 2021)📆
. Upon expiration of the lease, the Leased Object shall be transferred to the Landlord under the Transfer and Acceptance Act. Failure to sign the Transfer and Acceptance Act is not a basis for continuing the right to use the Leased Object or to charge the Lease fee.
4. LEASE FEES AND PAYMENTS FOR THE USE OF THE RENT
4.1 The cost of rental services for the calendar month is Вартість Об'єкту оренди
UAH (Вартість Об'єкту оренди, прописом (eng.)
UAH) (hereinafter – “Lease Fee”).
4.2. The Tenant pays the Landlord the Lease Fee for the actual use of the Leased Object.
4.3. The Lease Fee for the first month of the lease shall be transferred to the Landlord’s current account specified in this Agreement, up to Строк сплати за перший місяць оренди д, (напр.:May 1, 2021)📆
, after the Parties have signed the Transfer and Acceptance Act, i.e. upon transfer of the Leased Object.
4.4. The Lease Fee for each month of the lease shall be credited to the Landlord by a down payment to his current account specified in this Agreement until the 28th of the month preceding the month of the lease (billing month).
If the day of payment of the Lease Fee falls on a day off, public holiday or other non-working day, determined in accordance with the current legislation of Ukraine, the Tenant is obliged to pay the Lease Fee on the first working day following the day-off, public holiday or other non-working day.
4.5. The cost of utilities is not included in the Lease Fee and reimbursed (compensated) by the Tenant separately, i.e.: the cost of consumed electricity, water, heating, etc., the cost of maintenance of the Leased Object. The Tenant reimburses the cost of utility services by paying the bills that will be sent to the Leased Object. The Parties may agree on another procedure for reimbursement of such payments.
4.6. The Landlord has the right to unilaterally review quarterly Lease Fee once a quarter in the event of rising inflation, utility tariffs, changes related to the state's tax policy, etc., resulting in a change in the Lease Fee under this Agreement.
The change of the Lease Fee is made out by an additional agreement that the Tenant is obliged to sign and return (one copy) to the Landlord not later than calendar days from the date of its receipt. The said additional agreement will be an integral part of this Agreement.
5. RESPONSIBILITIES OF THE PARTIES AND DISPUTE SETTLEMENT
5.1. The Parties shall be liable for non-compliance or improper fulfillment of the terms of this Agreement in accordance with the current legislation of Ukraine and this Agreement.
5.2. The Tenant shall indemnify the damage caused by his or her fault to the Landlord as a result of damage to the Leased Object and malfunctioning of equipment, communications and networks located in the Leased Object and / or ensure the proper technical condition of the Leased Object (electricity, water supply, heat supply system) , the equipment of the fire and burglar alarm system, etc.), by bringing the damaged property to its previous state or compensating to the Landlord for the cost of bringing the property to its previous condition.
5.3. In case of damage to the Leased Object and to the property of the Tenant due to the Landlord’s failure and misconduct, the latter is obliged to compensate the damage caused to the Tenant for the impossibility of the normal use of the Leased Object for the purpose under this lease agreement, and for the inability to use the damaged Tenant’s property. Damages shall be compensated on the basis of acts drawn up by the Tenant and the Landlord.
5.4. All disputes arising from the fulfillment of the terms of this Agreement shall be settled by negotiation between the Parties.
5.5. Should the Parties fail to reach an agreement, the disputes shall be submitted to the court, in accordance with the current legislation of Ukraine.
6.1. In case of force majeure circumstances beyond the Landlord's and Tenant's sphere of influence (natural disasters, extreme weather, war, strike, public disturbance, lack of communication lines and means of delivery, interference from the authorities, change of current legislation, etc.) , the term of fulfillment by the Parties of the obligations under the Agreement is extended for the duration of the specified circumstances.
6.2. The parties shall be exempt from liability for damages resulting from the force majeure circumstances.
7. FINAL PROVISIONS
7.1. All legal relations arising out of or related to this Agreement, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or breach of the Agreement, shall be governed by this Agreement and the relevant provisions of the current legislation in Ukraine.
7.2. Upon the entry into force of this Agreement, any prior negotiations thereto, correspondence, preliminary agreements, protocols of intent and any other oral or written arrangements of the Parties on matters which are in any way related to this Agreement shall cease to be valid, but may be taken into account when interpreting the terms of this Agreement.
7.3. The Party shall be fully responsible for the correctness of the requisites specified by it in this Agreement and undertakes to notify in writing the other Party in due time of their change, and in case of failure to do so shall bear the risk of adverse consequences.
7.4. The assignment of the right of claim and (or) transfer of debt under this Agreement to one of the Parties to third parties shall be allowed only on condition of written agreement of this with the other Party.
7.5. Amendments to this Agreement shall be made by the Parties through the conclusion of additional agreements. Additional agreements and annexes to this Agreement shall form an integral part thereof and shall have legal force if they are written in writing signed by the Parties.
7.6. All corrections to the text of this Agreement shall be valid and may be taken into account only if they are in each case dated, certified by the signatures of the Parties.
8. DETAILS OF THE PARTIES