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AMSTERDAM APARTMENT GENERAL CONDITIONS

 

GENERAL CONDITIONS APPLYING TO THE TENANCY AGREEMENT OF LIMITED DURATION FOR THE LEASE OF PARTLY OR FULLY FURNISHED LIVING ACCOMMODATION

1. GENERAL
1.1 The parties hereto, having regard to the personal circumstances of Lessor and Lessee mentioned in the prefatory statement to the agreement, agree that the tenancy agreement to which these conditions apply has been specifically concluded for the temporary use of the accommodation. Sections 1623(a) to 1623(o) inclusive of Book 7A of the Dutch Civil Code and the "Huurprijzenwet Woon-ruimte" [Housing Rents Act] are not applicable to this tenancy agreement, as this agreement has been explicitly concluded for a limited period of time.
1.2 Lessee/Occupant shall, during the continuance of this agreement, occupy the rented property himself and use it in a proper manner and only as living accommodation, with due regard for the existing rights in rem and in compliance with the regulations made by the authorities or public utility companies.
1.3 Lessee shall act in accordance with the verbal and/or written instructions provided by or on behalf of Lessor, in order to secure proper use of the accommodation and the rooms and areas, installations and facilities in the building or complex to which the rented accommodation belongs.
1.4 In the event that the accommodation is not available on the date on which the tenancy is to take effect, Lessee is not entitled to demand annulment of the agreement, without prejudice to Lessee's right to compensation, unless the delay in delivery is caused by culpable negligence or failure on the part of Lessor, as a result of which the delivery is delayed to such an extent that Lessee cannot reasonably be expected to uphold this agreement.

2. PERMISSION FOR USE/OBLIGATIONS OF LESSOR
2.1 Lessor shall, if necessary, have obtained permission for the present tenancy agreement from or give notice of it to: a. The landlord or administrator, in the case of sublease or co-occupation, b. The "Gemeentelijke Dienst Herhuisvesting", c. The Association of Owners, d. The mortgage company, e. His insurers.
2.2 Lessor shall not be liable for:
a. Any damage to or loss of goods belonging to Lessee or his/her family; b. The consequences of any visible and/or invisible defects of the property.

3. CHECKING IN/OUT (at the commencement and expiration of the tenancy)
3.1 Lessor undertakes to hand over the keys to Lessee and to draw up and give Lessee:
a. an inventory in duplicate,
b. A survey report in duplicate, describing the state of repair of the property, c. A list of maintenance firms or mechanics for the general maintenance of the property, d. multilingual instructions for the use of the appliances available, if obtainable,
3.2 Lessor and Lessee undertake to check the above-mentioned inventory (with relevant notes) and survey report and to date and sign these as correct at the commencement of the tenancy.

3.3 Lessee shall, not later than three weeks after taking possession of the accommodation, inform Lessor of any damage or defect not found when the survey was made.
3.4 Lessee shall, at the termination of the tenancy, hand over all keys to Lessor and deliver up the property and its furnishings, fixtures and other effects in the original condition, normal wear and tear excepted, that is: a. in a state of repair similar to that described in the inventory referred to in 3. l(a) b. In a state of repair similar to that described in the survey report referred to in 3. l (b) c. clean and in good condition d. completely vacated and free from further use.

3.5a Lessee shall give Lessor due notice of the time at which the property will be delivered up and make an appointment for the joint checking of its furnishings, fixtures and other effects and their state of repair.

3.5b When the above-mentioned check is made, the findings shall be recorded in a report, specifying what necessary repairs and what overdue maintenance work has to be done and is chargeable to Lessee and how these are to be carried out.
3.5c If Lessee fails to cooperate in the drawing up of the delivery report at the termination of the tenancy, the delivery report drawn up by Lessor shall be binding on both parties.
3.6a If Lessee, after being duly summoned, fails or partly fails to perform his obligations arising from the delivery report referred to in 3.5, Lessor shall be entitled to have the necessary repairs carried out for Lessee's account.
3.6b In the event that the property, as a result of the repairs to be carried out according to the delivery report referred to in 3.5, is delivered up in the state specified in 3.4 after the final date of vacating, Lessee shall be obliged to pay Lessor the pro rata rent for the number of days to the actual delivery date, notwithstanding Lessor's right to compensation for any further damage or costs.
3.7 In the event that Lessee does not deliver up the property in a clean state, Lessor is entitled to charge Lessee with cleaning costs based on the quotation of a registered cleaning company.
3.8 Without any liability on his part, Lessor has the right to remove, for Lessee's account, any goods that Lessee may have left behind after quitting the property.

4. LESSOR'S PRIOR CONSENT
4.1 Lessee is not allowed without Lessor's prior written consent:
a. To sublet the rented property in whole or in part to, or place it at the disposal of, a third party;
b. To renovate or to make alterations to the property;
c. To use the accommodation for any other purpose;
d. To install an aerial or dish for radio and television reception on the premises;
e. To keep pets in the property;
f. To alter or remove furnishings or fixtures and other effects belonging to the property.
4.2 Lessor is entitled to withhold his consent or give it subject to certain conditions.
4.3 Consent given by Lessor shall only apply to each individual case and not to subsequent cases of the same nature.
4.4 In the event that Lessee obtains consent from Lessor to do anything mentioned in 4.1, he/she shall remain liable for any damages to the property in consequence thereof. When pets were kept, the accommodation shall, if necessary, be fumigated by a professional company for Lessee's account upon termination of the tenancy agreement.
4.5 In the event of Lessee acting contrary to the provisions of 4.1, Lessee shall forfeit a fine for each calendar day the breach continues. The fine shall be immediately payable in full and shall be equivalent to twice the daily rent currently paid by Lessee, with a minimum of € 45,38 per day, notwithstanding Lessor's right to demand either full performance of the agreement or its annulment, on the grounds of culpable negligence or default, and to claim damages.

5. OBLIGATIONS OF LESSEE
5.1 Lessee hereby declares that he/she knows the property and does not require further specification thereof.
5.2 Lessee undertakes to use and maintain the property with due diligence.
5.3 Lessee is obliged to inform Lessor forthwith of any damage, defect or malfunction occurring or threatening to occur in or to the property. Such notification shall be confirmed by Lessee in writing. If any defect or malfunction is not duly reported, Lessee shall be liable for any resulting damage or loss.

5.4 Lessee shall not cause nuisance to neighbours by occasioning noise, bad smells or other inconvenience.
5.5 Lessee shall, if required, sign the Rules of the Association of Owners.

6. MAI1NTENANCE OBLIGATIONS
6.1. GENERAL
6.1a In general costs of repairs due to wear and tear shall be borne by Lessor.
6.1b Lessee shall take any necessary steps to prevent or minimise damage to the rented property and the adjoining premises, including measures to prevent damage attributable to weather conditions or influences.
6.1c Lessor is obliged to maintain the exterior and Lessee is obliged to maintain the interior of the rented property in good repair. Both parties shall, each at their own expense, duly take any measure (including renewal or replacement) that may prove necessary or to which the parties are bound by law or any statutory regulation.
6.1d All repairs must be carried out by licensed contractors and all receipts shall be kept.
In addition to the provisions of 6.la - 6.ld, Lessee and Lessor shall be responsible and chargeable for the following maintenance:
6.2 MAINTENANCE OBLIGATIONS OF LESSEE
6.2a Routine repairs within the meaning of Section 1619 of Book 7 of the Dutch Civil Code, such as:
- Maintenance, repair or replacement, if damage is caused by improper use of filling hoses, swivels and radiator keys of the central heating system;
- Maintenance, repair or replacement of doorbells, switches, sockets, fuses, plugs, interior and exterior lighting and bulbs;
- Adjustment, fastening, greasing or replacement of hinges, locks, window catches, door handles (including those of cupboards);
- Maintenance or replacement of draught strips;
- Routine maintenance and repairs of stair handrails or banisters, any letter box in the private front door and the provision of nameplates;
- Maintenance of water taps, shower hoses, hand shower, shower hook and fastenings and also repair or replacement of washbasin, bathtub, soap dishes, toilet bowl and other sanitary accessories, if they have been damaged;
- Maintenance and replacement of the seat, the lid, the seals, the ball valve and ball float in the cistern of the toilet;
- Descaling of taps and shower head and replacement of washers, etc.
6.2b Interior maintenance
- Prevention of freezing and repair of frost damage arising from negligence;
- Replacement and/or repair of doors and windows broken by wind action due to Lessee's carelessness;
- Replacement of mirrors, window panes and door panes;
- Replacement of (lost or damaged) keys and locks;
- Repairs of electrical equipment after overloading as a result of improper use;
- Cleaning of the mechanical ventilation, cleaning and replacement of filters, maintenance and repair of (air)vents, valves and extractor fans;
- Extermination of vermin, such as lice, cockroaches, wasps, ants, mice, flees and other pests and fumigation for pest control purposes;
- Cleaning of windows and woodwork, both inside and outside;
- Maintenance, filling and bleeding of the central heating system, etc.
6.2c Painting and wallpapering
The repair of damage caused by Lessee to the interior paintwork, wallpaper and whitewash, ceilings and piaster, wall or floor tiles, parquet or other floor covering, and also of damage caused by drilling holes, inserting plugs or removing wallpaper, etc.

6.2d Plumbing
- Maintenance and cleaning of waste pipes and siphons of washbasins, shower bases, kitchen sinks, etc. (including chains and plugs);
- Unblocking of waste pipes and drain pipes, if the blocking was manifestly caused by Lessee, etc.
6.2e Exterior maintenance
- Cleaning of fire escapes, staircases and communal rooms and areas, if not included in the service costs;
- Cleaning and unblocking of rainwater pipes, gutters, drain holes and reservoirs, sewage pipes and tanks;
- Repair of damage caused by walking on the roof;
- Cleaning windows and woodwork on the outside;
- Cleaning and maintenance of the pavement of garden, car port, terraces, communal paths;
- Cleaning and maintenance of gardens, including the pruning of shrubs and trees, etc.
6.2f With the exception of normal wear and tear, Lessee is liable for any interior maintenance work or repair the property and its furnishings, fixtures and other effects have to undergo because of:
- Destruction
- Damage
- Negligence
- Incompetent and/or improper use
- Insufficient ventilation (resulting in condensation damage and rot)
Any disputes between Lessor and Lessee about the causes and effects of damage and/or repairs to the property and its furnishings, fixtures and other effects shall be settled by calling in an expert, whose opinion shall be binding.
6.3 MAINTENANCE OBLIGATIONS OF LESSOR
6.3a Lessor shall place the accommodation and the garden at lessee's disposal at the commencement of the tenancy agreement:
- In a good state of repair
- Clean, free of moisture and, if possible, draught-proof
- Provided with proper locks and
- With good ventilating facilities.
Lessor is liable for normal wear and tear, as specified in 6.1.
6.3b Major interior maintenance
- Maintenance, repair or replacement of windows, window- sills and window-frames;
- Maintenance and repair of locks of doors opening on to communal rooms or areas and locks of outside doors;
- Replacement of hinges, locks, fastenings, and espagnolettes of windows and outside doors;
- Repair of ceiling constructions, loose piaster and large or noticeable cracks.
- Major repair of stair rails or banisters inside the property;
- Maintenance and repair of inside staircases and folding steps;
- Maintenance and repair of the electric installation, including fuse boxes, wiring and earthing;
- Maintenance and repair of (electrically-operated) door openers, doorbell and bell system and letterbox;
- Maintenance of the intercom system;
- If the accommodation is part of an apartment building, the internal maintenance of communal rooms and areas and any repairs for which Lessor is liable under the Rules of the Association of Owners;
- Combating woodworm;
- Repair of chimneys and ventilation channels;
- General maintenance, repair and/or replacement, if necessary as a result of normal wear and tear, of the central-heating boiler, radiators, circulation pumps, thermostats and other fittings, pipes and taps of the central heating system, the hot water system and the automatic water supply system;
- The annual maintenance contract for the cleaning of the central heating system and geyser/boiler and the sweeping of the chimney, although the costs of this contract will be passed on to Lessee.
6.3c Structural maintenance
- Structural maintenance of the premises with appurtenances;
- Maintenance and repair of the foundations, floor supports and floor;
- Maintenance, repair or replacement of roof covering, roof passages, roof gutters and drainpipes;
- Skylight and roof tiles, if damage is due to wear and tear or weather influences.

6.3d Plumbing
- Replacement or repair of pipes and taps for the water and gas supply;
- Repair or replacement of siphons and goosenecks, in case of blockage and/or leakage;
- Replacement of worn taps, washbasins, hand basins, cisterns and toilet bowls;
- Repair of loose tiles;
- Repair and replacement of kitchen unit and worktop because of wear and tear.
6.3e Exterior maintenance
- Painting and maintenance or repair of roofs and floors of sheds and/or store rooms;
- Painting of the exterior of the premises and the appurtenances, including fixed and movable parts, balconies, balustrades, outside staircases, and maintenance of piaster and masonry;
- Maintenance and repair of outside staircases and concrete, balconies, balustrades and masonry;
- Repair or replacement of sewage pipes, drains and waste pipes outside the property;
- Raising of gardens and terraces;
- Maintenance of yard partitions and fences.

7 COSTS PAYABLE BY LESSEE
For Lessee's account are:
a. All minor routine repairs and replacements to or in the property, as referred to in Section 1619 of Book 7A of the
Dutch Civil Code and 6. 2(a) of these General Conditions to a maximum of € 90, 76 each, exclusive of home call charge and VAT;
b. All costs arising from the maintenance obligations specified in 6.2a to 6.2f inclusive;
c. All charges, rates and levies in respect of the property, including those for gas, electricity, water and heating, radio and television licence and cable television, including subscriptions.
d. Charges in respect of telephone subscription, calls and meter readings;
e. The costs of the annual maintenance contract for the cleaning of the central heating system and geyser/boiler, and the sweeping of the chimney referred to in 6.3(b) hereof;
f. If the accommodation is part of an apartment building, the charges for central heating in excess of the amount included in the rent or paid periodically by Lessee.
g. Taxes imposed on the occupant by the authorities, such as property tax (user's portion), purification charges, etc.
h. Premiums for the insurance of Lessee's personal effects and belongings in the property and on the premises.

8 COSTS PAYABLE BY LESSOR
For Lessor's account are:
a. All costs of repairs to or in the property with the exception of the provisions of Section 1619 of Book 7A of the Dutch Civil Code;
b. All costs arising from the maintenance obligations specified in 6.3a to 6.3e inclusive;
c. Polder and water board duties, land, sufferance, sewerage and property tax (owner's portion), and all taxes imposed on Lessor by the authorities;
d. Premiums for the insurance of the property and its furnishings, fixtures and other effects.

9. DEFAULT
9.1 In the event that Lessee
a. Fails to pay the rent instalments by the stipulated date;
b. Ceases to use the rented accommodation prematurely without notice of termination;
c. Fails to perform or observe any other condition of this agreement;
d. Fails to fulfil any legal obligation;
e. Fails to comply with any condition attached to consent given by Lessor;
f. Applies for a moratorium or files a petition in bankruptcy;
g. Is adjudged bankrupt;
h. Loses the free disposition of his property or part thereof;
Lessor has the right, after notice of default:
- Immediately to terminate the tenancy agreement prematurely;
- To declare the tenancy agreement terminated;
- Gain access to the property at Lessee's expense;
- To assume possession of the property and
- To have any necessary repairs or other work carried out for Lessee's account, without Lessee having any right to claim compensation or otherwise.
9.2 In the event of non-payment on a due date or any occurrence specified in 9.1, Lessee shall be in default.
9.3a Lessee is obliged to reimburse Lessor for any damage, costs and loss of interest incurred as a result of:
- Culpable negligence on Lessee's part;
- Lessee's liability for non-performance or any of the occurrences referred to in 9. l and 9.2;
9.3b In the event that an amount payable by Lessee under the present agreement is not paid promptly on the due date, Lessee shall ipso jure forfeit a fine to Lessor equal to l .5% interest per month on the principal sum owing from the due date to the date of full settlement of the principal sum.
9.3c In the event that Lessee fails to perform any obligation arising from the present agreement and Lessor demands fulfilment of the obligation concerned by means of a summons, injunction, notice of default or writ served upon Lessee or takes legal or other action to enforce fulfilment, Lessee shall pay to Lessor all collecting charges incurred by Lessor in respect thereof, without prejudice to the legal costs Lessee is ordered to pay.
The amount of the collecting charges incurred by Lessor out of court shall include lawyer's fees, bailiff's charges, collecting agency's fees or other third party charges, plus the private costs incurred by Lessor in this respect. The collecting charges shall amount to a minimum of € 226,89 exclusive of VAT. If the default concerns a financial obligation, the collecting charges incurred out of court shall, without prejudice to the preceding provisions, at least amount to 15% of the total sum due and payable by Lessee to Lessor.

10. DISPUTES
10.1 In the event of disputes arising from, or about the interpretation of, this agreement, the Dutch text and Dutch law shall apply. Any dispute between Lessor and Lessee shall be settled by the competent Dutch Court.
10.2 Under no circumstances whatsoever, shall the agent(s) be liable or jointly liable for the consequences of any dispute between Lessor and Lessee.

11. RIGHT OF ENTRY
Lessor or his proxy shall have the right of entry and Lessee shall be co-operative in giving access to the property for the purpose of inspection by prospective (sub)lessees or buyers or for having necessary repairs or improvements carried out on workdays between 9 a.m. and 6 p.m., provided that Lessee is given at least 24 hours' notice thereof.
In witness whereof this agreement has been drawn up in duplicate at Amsterdam on

Lessor: Lessee :
date : date :

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