Contract

(*0) Contract signing date:
(*1) Name and surname of the LESSEE:
(*2) Address of the LESSEE:
(*3) Nationality of the LESSEE:
(*4) DNI, CIF or Passport number of the LESSEE:
(*5) Name and surname of the OWNER or Company name:
(*6) Full address of the property:
(*7) Additional Tenant Data:
(*8) First day of reservation:
(*9) Monthly rental amount:
(*10) Monthly service fee amount:
(*11) Payment day:
(*12) LESSOR account number:
(*13) Excess electricity supply:
(*14) Excess gas supply:
(*15) Amount of Additional Guarantee:
(*16) LESSEE account number:
(*17) Name and surname of the Tenant:
(*18) Tenant's DNI, CIF, NIE or Passport number:
(*19) LESSEE contact email:
RENTAL LEASE CONTRACT
In Madrid, at (*0)

TOGETHER

On the one hand, Ms. Johanna Margarete Houdelet, with address for these purposes at Calle Serrano 19, 3 Derecha, Madrid and NIE no. X4770489N, acting on behalf of and representation, as proxy with the mercantile Asset Land S.L., a company with domicile in Serrano 19, in Madrid (28001), and CIF number B-88506878, and this in turn intervening in the name and representation of the PROPERTY according to the authorization granted that has not been revoked, as stated. Hereinafter, the LESSOR.

And on the other hand, Mr./Ms. (*1), with address for these purposes at (*2) and DNI and CIF/Passport of (*3) no. (*4), acting in her own name and right. Hereinafter, the LESSEE.

Hereinafter, the LESSOR and the LESSEE will be jointly referred to as the “Parties” and, each of them, the “Party”.

The Parties mutually recognize their reciprocal legal capacity to enter into this housing lease contract and, to this end,

EXPOSE

1. That Mr./Ms. (*5) holds the ownership of the rights of use and possession of the following property (*6).

A photocopy of the Energy Efficiency Certificate is attached as Annex I to this contract.

That the LESSOR has full legal powers to lease the indicated property.

That, with the LESSEE interested in renting said property, they carry out this HOUSING LEASING AGREEMENT, based on the following:

CLAUSES

1. Object and destination.

1.1. The LESSOR leases to the LESSEE the home described in the first exposition of this document, furnished and equipped, in accordance with what is indicated in the Inventory attached as Annex II, which will be used exclusively for residential use as a habitual residence, excluding expressly any tourist or similar use, of the latter and the following people:

-          (*7)

1.2. The LESSEE will be responsible for any damage or damage caused to the property and its accessories, as well as to the common areas of the property, caused by him, the people he lives with or his visitors. The LESSEE must keep the property in a perfect state of health and conservation at his own expense throughout his stay.

1.3. If the LESSOR is forced to replace the property subject to lease, due to its uninhabitability, for reasons beyond the control of the LESSEE, the alternatives offered to the LESSEE must be properties with similar characteristics to the one referred to in this contract, and may also offer the resolution. of the contract and the reimbursement of all amounts paid and not enjoyed, without the LESSEE having the right to compensation or compensation other than those mentioned.

In the event that the LESSEE chooses the option to replace the property, the LESSOR will offer up to three options to the LESSEE, and the LESSEE must choose from one of the options offered. If he/she does not choose any of the three options, the LESSEE will lose the relocation at zero cost. .

In the event that the problem that occurred in the property could be corrected, the LESSEE may choose between returning to the property that is the subject of the lease or staying in the new property, paying the difference in the higher price, if any.

1.2. Duration.

2.1. The lease is agreed for a period of ONE (1) year, starting on day (*8). Once the contract expires, it will be extended by annual terms until the contract is fulfilled in total for a maximum of FIVE (5) years, SEVEN (7) years if the PROPERTY is a legal entity, unless the LESSEE informs the LESSOR, at least thirty days in advance of the date of termination of the contract or of any of the extensions, your desire not to renew it.

2.2. Once the fifth or seventh year of the contract has been reached, it will necessarily be extended for three more years if neither party has notified the other at least FOUR (4) months in advance for the LESSOR and TWO (2) months in advance for the LESSEE, his will not to renew it.

2.3. It is expressly agreed that the necessary extension of the contract will not proceed if, once the first year of its duration has elapsed, the LESSOR, as long as it is a natural person, informs the LESSEE that he needs the rented home to use it as housing. permanent for themselves or their relatives in the first degree of consanguinity or by adoption or for their spouse in the event of a final judgment of separation, divorce or marital annulment. The aforementioned communication must be made to the LESSEE at least TWO (2) months in advance of the date on which the home must be delivered, specifying the cause of need.

2.4. The LESSEE may withdraw from the contract at any time, provided that at least 1 month of rental has elapsed and provided that he notifies the LESSOR with a minimum of thirty days, without said withdrawal generating the right to any compensation. In the event of not complying with the mandatory month, the LESSEE must pay the first month's payment to the LESSOR.

2.5. In case of withdrawal, the LESSOR will not refund any period paid in advance, and not enjoyed, to the LESSEE, that is, the LESSEE will lose everything paid in advance.

2.6. In the event that the LESSEE has obtained a discount with respect to the rate published on the website, or a rent bonus for a specific rental duration commitment, and the LESSEE decides to terminate the contract without having complied with said term, he will pay the LESSOR the amount corresponding to the amount resulting from said discount.

2.7. Once the duration of the contract and, where applicable, the referenced extensions have elapsed, the LESSEE must leave the home whose use is transferred in this contract at the disposal of the LESSOR in perfect condition, and this without the need for any requirement. express of the LESSOR, unless the parties at the time reach an agreement regarding the formalization of a new Lease Contract.

2.8. The LESSEE, on the day the contract ends, must leave the property before 10 in the morning, as long as no agreement has been reached with the LESSOR to proceed to leave at a later time, at the risk of being I would charge you one more day if you did not leave the property.

2.9. In the event that the LESSEE does not voluntarily abandon the property or does not hand over the keys to the property at the end of the contract, he must compensate the LESSOR for each day that without authorization he extends his stay, or retains the keys, in an amount equivalent to five times the monthly rate.

2.10. The LESSEE is obliged to deliver the property and its accessories at the end of the Contract in a reasonable state of cleanliness and without garbage or waste inside. Otherwise, and charged to the additional guarantee, the LESSOR will charge an amount of one hundred (100.00) euros for this concept. Likewise, you also agree to be charged against the additional guarantee an amount of one hundred (100.00) euros for each set of keys and one hundred (100.00) euros for each garage opening remote control that you do not return.

2.11. If the LESSEE leaves personal belongings in the property, these will be retained by the LESSOR, which will be guarded for a maximum of 7 days, after which, if the LESSEE has not requested them, they will be sent to the lost and found office of the City Hall. , the LESSOR not having any responsibility with the LESSEE, regarding said objects, after 7 days.

1. 3. Income and Expenses.

3.1. The LESSEE must pay the LESSOR the amount of (*9) euros, as rent, and the amount of (*10) euros, as reservation fee, on the day (*11) of the month prior to which the rental corresponds. rent, through the payment gateway, at the following link https://www.homeclub.com/ accessing it with your username and password, in the View Payments section found in the My Reservations section. If the LESSEE decides to pay the rent and reservation fee by deposit or bank transfer, to the account number (* 12), he must do so at the same time agreed upon in the payment gateway. The VAT applicable in each case will be added to the payment of the rent.

If you wish to pay the above amounts with an AMEX card, it will have to be done manually and with a surcharge of 3.5%.

3.2. The LESSEE will deliver the amount equivalent to the first two monthly payments of rent and reservation fee prior to handing over the keys, this condition being necessary for the confirmation of the reservation and the entry into force of the contract, and must pay the third before of the end of the first month of validity of the lease in compliance with the previous clause.

3.3. After five days without the LESSEE paying the rent on the scheduled day, he/she will be charged 5% of the rent amount for each day of delay. Repeated non-compliance with the payment obligation within the established deadlines will be cause for termination of the contract, and in such case the property must be returned to the LESSOR immediately, with the LESSEE being responsible for any expenses that the termination may cause.

3.4. This amount includes general expenses, taxes, and services and supplies of the property, with the exception of consumption that has an individual meter, which will be paid by the LESSEE in amounts that exceed (*13) euros per month of electricity. and (*14) euros per month for gas.

3.5. The income will be updated annually by applying the upward percentage variation experienced by the Consumer Price Index (CPI) in the twelve-month period immediately preceding the date of each update, taking as the reference date to carry out the first and subsequent updates. day of signing the contract.

3.6. In no case will the PROPERTY or the LESSOR be responsible for the lack or deficiency of telecommunications, electricity, water or gas services whose cause is attributable to the operating company, or for other circumstances not attributable to the PROPERTY or the LESSOR. .

3.7. The OWNER is responsible for paying the bills corresponding to the rented home for the garbage collection and urban waste treatment service.

3.8. Service Rate.

The service fee is an addition that the LESSOR provides to the LESSEE, in exchange for the price referenced above, which covers incidents that may occur in the property, 24 hours a day and seven days a week. The average resolution times for different incidents may vary depending on their severity.

1.4. Plays.

4.1. It is totally prohibited for the LESSEE, unless expressly authorized by the LESSOR, to carry out works of any kind, otherwise being obliged to restore things to their previous state, without prejudice to the right of legal resolution.

4.2. Without prejudice to the power to terminate the contract, the LESSOR, when it has not authorized the execution of the works, may demand, at the conclusion of the contract, that the LESSEE restore things to their previous state or preserve the modification made, without the latter being able to claim any compensation.

4.3. The LESSEE must facilitate access to the property to the PROPERTY staff and/or the LESSOR during the course of the lease to undertake necessary and urgent actions that cannot be postponed until the end of the rental period, with prior notification as much in advance as possible. in light of the circumstances.

1. 5. Rules of coexistence.

5.1. The LESSEE will be subject to the rules of the Community of Owners throughout the duration of the contract, especially those related to coexistence.

5.2. In relation to the obligations assumed in this stipulation, the LESSEE is responsible, not only for his own acts, but also for those committed by the people who are in the leased property, both for the purposes of contractual resolution and for possible compensation. of damages.

5.3. The stay of any type of animal in the home is expressly prohibited.

5.4. Smoking is strictly prohibited inside the property, as well as in the common areas of the buildings, where applicable; The LESSEE is responsible for the cost derived from repairing the damage, as well as the additional cleaning and/or painting services necessary.

5.5. The LESSOR is not responsible for the loss, theft or deterioration of the tenants' personal belongings.

5.6. The LESSEE undertakes to:

5.6.1. Respect the rest hours of the Community of Owners to which the property belongs, which are from 11 p.m. to 8 a.m.

5.6.2. Parties: Any type of party is strictly prohibited. In the event of complaints from neighbors regarding unduly loud music, or parties in the home, or in the event that the intervention of security forces has been necessary, the PROPERTY and/or the LESSOR reserve the right to terminate the lease ends immediately, in which case the LESSEE loses the right to the return of any amount already paid as rent or additional guarantee or deposit.

5.6.3. Throw garbage in the containers located outside the building after 8 p.m., or the time indicated on the property, or in the building's garbage room if it has one.

1. 6. Trial, withdrawal and right of access:

1. The LESSEE expressly and irrevocably renounces the preferential acquisition rights that may correspond to him in application of article 25 of Law 29/1994, of November 24, on Urban Leases.

If the property that is the subject of this contract is put up for sale through the company Asset Land S.L., the LESSEE will allow the LESSOR to enter the home once a week and the LESSOR will notify the LESSEE at least 48 hours in advance. in advance, to be able to visit the property with potential buyers.

1. 7. Assignment and sublease.

The LESSEE may not assign or sublease the property, unless there is express consent from the LESSOR. Failure to comply with this clause will be cause for termination of the contract.

1. 8. Bond and Additional Guarantee.

8.1. The deposit will be managed solely by the PROPERTY and the LESSEE, with the latter giving the corresponding amount, which will be returned at the end of the lease in a period of no less than 30 days.

8.2. Prior to handing over the keys, the LESSEE must deliver (*15), as an Additional Guarantee, to guarantee compliance with its obligations derived from this Contract and, in particular, guarantee the return of the property and its belongings in the same condition in which you receive them, except for the deterioration derived from their rational use.

8.3. The LESSOR will return the Additional Guarantee ten (10) days after the termination of the lease and/or departure from the home, to the account number provided by the LESSEE if it has been paid by transfer; If the payment has been made through the online platform or with a credit/debit card, the return will be made in the same way (*16), as long as both the property and its contents, reflected in Annex II, are returned in the same conditions in which they were delivered. Any bank charges that cause the return of the Additional Guarantee, to the account number provided, will be borne by the LESSEE.

1. 9. Definition of the concept of Tenant.

The Tenant (*17) is the person whose name is associated with the reservation and will be the only point of contact, as well as responsible, during the entire stay with the LESSOR and the only person authorized to open the door during check-in.

Each Tenant will have to send, BEFORE CHECK IN, a photocopy of their DNI/Passport/NIE (*18), or any identification document, in writing, to the LANDLORD.

You can change the Tenant up to 48 hours before check-in, in writing, sending a photocopy of the DNI/Passport/NIE, or any identity document, of the new Tenant, to the LESSOR.

1. 10. INCLUSION IN DEFAULTS FILE:

10.1. The personal data that the LESSEE provides during the contractual relationship will be processed by the LESSOR for the purpose of managing the rental contract and on the basis of said contractual relationship. The LESSOR will not communicate the LESSEE's personal data to third parties, except when necessary to comply with legal obligations. The LESSOR will keep the data as long as the contractual relationship remains in force, subsequently keeping it, duly blocked, for the period of prescription of the actions in accordance with the applicable civil regulations. The LESSEE may exercise their rights of access, rectification, deletion and portability of their data, as well as the limitation of their processing, by contacting the LESSOR at the address listed at the head of this contract, and duly proving their identity. of the. Likewise, the LESSEE has the right to file a claim with the Spanish Data Protection Agency.

10.2. The LESSOR informs the LESSEE that in the event of non-payment of the rent amounts, their personal data may be transferred to the negative equity solvency file managed by the Inmobiliaria Delinquency Database, S.L.U., to the file of defaulting tenants managed by the Inquilinos Morosos Ibérica S.L.U., and the ASNEF file managed by the company ASNEF-EQUIFAX Servicios de Información sobre Solvencia y Crédito, S.L., based on the legitimate interest of fraud prevention. In the event of incorporation of the LESSEE's non-payment data into a negative equity solvency file, the LESSEE will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of said file informing him of the incorporation of your personal data in it.

1. 11. Information on Personal Data Protection.

In compliance with the General Data Protection Regulation, the Data Controller ASSET LAND S.L. informs you that your data will become part of its Record of Processing Activities, the purpose of which is to maintain a commercial relationship for the provision of data processing services. real estate advice and intermediation. All of this is legitimized by being data necessary for the execution of a contract or pre-contractual relationship (art. 6.1.b RGPD), these data coming from the owner of the same. Your personal data will not be transferred except under legal obligation.

You may exercise your rights of access, rectification, deletion, opposition, data portability, limitation of processing, as well as not being subject to automated decisions, by contacting the Data Controller ASSET LAND S.L., at Calle Serrano, 19, 28001 Madrid. You can consult additional and detailed information on Data protection on our website: www.assetland.es

1.12. Notifications.

12.1. The parties establish as the address for the purposes of notifications derived from the contractual relationship the one that appears for each of them in the heading of the contract, and also designate the following email addresses that will have the same validity and effectiveness as long as the receipt of the communication by the receiving party is confirmed by it through the same means:

For the LESSOR: contact@assetland.es
By the LESSEE: (*19)

12.2. The parties must notify each other of any changes they wish to make to their postal or electronic addresses for the purposes of communications.

1.13. Safeguard clause.

All clauses or provisions of this Lease Agreement must be interpreted independently and autonomously, with the rest of the clauses not being affected in the event that one of them has been declared VOID by a final court ruling. The contracting parties agree to replace the affected clause or clauses with another or others that preserve the effects sought by the parties.

1. 14. Legal regime and applicable jurisdiction.

14.1. This contract will be governed by the following order of priority: imperatively by titles I and IV of Law 29/1994, of November 24, on Urban Leases (LAU); for the pacts,

cláusulas y condiciones determinados por la voluntad de las partes en este contrato en el marco de lo establecido en el título II de la LAU; y supletoriamente por lo dispuesto en el Código Civil. 

14.2. Los contratantes se someten expresamente a los Juzgados y Tribunales de la ciudad de Madrid para todas aquellas cuestiones litigiosas que pudieran derivarse del presente contrato, por ser el lugar donde se encuentra el inmueble arrendado. 

Y en muestra de conformidad, lo firman por duplicado y a un solo efecto en el lugar y fecha al principio indicados. 

Por la ARRENDADORA: Por el ARRENDATARIO: 

______________________________________ _____________________________________

Mrs. JOHANNA MARGARETE HOUDELET   Mr./Mrs. (*1)