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LEASE AGREEMENT

 

concluded in Warsaw on 11 October 2022 by and between:

  1. Agnieszka Szymysł, personal identification number (PESEL) 79050410286 residing in Warsaw, ul Królowej Aldony 6 lok  hereinafter referred to as the “LESSOR”; 

And

  1. MAXYM KOTLIAR, personal ID 93051217536,holder of passport series FL37784, residing in UKRAINE, …………………………………………………

    …………………………………………………………………………… …,
     

  2. Anastasiia Starchenko, personal ID 98071813067,holder of passport series FE210809, residing in UKRAINE, …………………………………………………

    …………………………………………………………………………… …,

    hereinafter jointly referred to as the “LESSEE”.

SUBJECT MATTER OF THE LEASE

  1. The Lessor represents that they have an ownership title to residential premises No. 7 in a building at 4 Kowelska Street in Warsaw, hereinafter referred to the “LEASED PREMISES”.

  1. The Lessor represents that they are the only persons with a right to the Leased Premises and the only person authorized to conclude this Agreement.

  1. The Lessor represents that:

    1. the Leased Premises are free of any encumbrances and claims and are not encumbered with any rights of third parties which could prevent or hinder the exercise by the Lessee of its rights hereunder; moreover, she undertakes to maintain this status until the end of the lease term.

    2. The Lessor during the lease term they shall allow the Lessee to use the Leased Premises in an unlimited manner. The Lessor represents that they leases the Leased Premises specified above to the Lessee, and the Lessee represents that she accepts it and undertakes to pay the rent, administrative fee  and exploitation costs referred to in Articles 11 through 19  and to comply with other terms and conditions of the Agreement.

  1. The Lessee represents that he has inspected the Leased Premises in person and that they accept the current condition thereof.

PURPOSE OF THE LEASE

  1. The Leased Premises shall be leased exclusively for residential purposes only for Lessee’s use. Each change in the lease purpose – if allowed – shall require prior written consent of the Lessor.

LEASE TERM

  1. The Lessor hands over the Leased Premises to the Lessee for use for a definite period from

16 Ocotber 2022 until 31 October 2023. Extension of the lease term requires a mutual agreement of both Parties concluded in writing, not later than 2 months before the date of expiry or termination of this Agreement.

  1. Release of the Leased Premises to the Lessee shall take place till 16 October 2022 Upon the release, the Parties shall draw up an acceptance report which shall specify in detail the technical condition and the level of wear and tear of the Leased Premises and their furnishings, installations and equipment. Acceptance report can be procured in electronic form (e-mail) and confirmed by both parties (for Lessor: niusia@gmail.com , for Lessee: ………………………………………..……).

  1. The Lessee undertakes to return the Leased Premises to the Lessor on the date of termination or expiry of the Agreement at the latest.

RENT COSTS

  1. The lease rent is set in the amount of 6850 PLN (in words six thousand eight hundred fifty PLN) per month.

  1. The Lessee will be paying administrative fees of 650 PLN (in words six hundred fifty  PLN) per month together with lease rent. 

  1. The payment of the rent and administrative fees shall be effectuated by means of a bank transfer into the Lessor’s bank account number:  PL72 1160 2202 0000 0001 9648 1835 kept by Millenium Bank SWIFT : BIGBPLPW.

  1. The rent and the administrative fees costs shall be payable in the following manner:

  1. 15.1.the payment by bank transfer for the first lease term (from 15 October 2022 until 31 October 2022) of rent in the amount of 3425 PLN and administrative rent in the amount of 325 PLN shall be sent not later than by 15 October 2022.

  1. 15.2.successive monthly payments shall be effected in advance for each successive calendar months (starting as of November  2022) in the means of the bank transfer into the bank account specified above, not later than by the 5th day of each month

  1. The Lessee shall pay statutory interest to the Lessor for each day of delay in the rent payment if the delay is superior to 5 days.

 ELECTRICITY AND GAS COSTS

  1. The Lessee will pay the costs of electricity and gas in amount according to actual use and current prices. The Lessee will provide the actual consumption readouts, or will make it available for the Lessor on monthly basis, by the end of each calendar month.

  2. The Lessor will send to the Lessee the copies of invoices for gas and electricity and the Lessee will pay them in due time to respective providers:

    1. 18.1.Electricity: e-on Polska SA , account number : PL12 1240 6960 1701 0820 0023 3587, transfer title: invoice number

    2. 18.2.Gas: PGNiG Obrót Detaliczny Sp. z o.o. , account number :  PL17 1020 1026 9000 0004 8710 2765, transfer title: invoice number

  1. The Lessee will transfer an amount of 5000 PLN to the Lessor as a security deposit for cost electricity and gas. In case od delay or default in obligations stated above the Lessor will use the deposit to cover the costs, and will require the Lessee to supplement the deposit to full 5000 PLN value. The Lessor will return the deposit reduced by outstanding costs (according to meter balances) not later than 30 days form the end lease.   The deposit will by paid to the account specified in Article 13.

OTHER FEES AND TAXES

  1. The Lessor undertakes to:

  1. 20.1.pay the administrative rent,

  1. 20.2.pay a Real Property tax,

  1. 20.3.pay a perpetual usufruct fee,

Any fees and charges not specified above, related to the Leased Premises shall be covered by the LESSEE.

GUARANTEE DEPOSIT

  1. The Lessee shall pay Guarantee Deposit by transfer to the bank account specified in Article 13, not later than on 15th Ocoter 2022 at the latest, a security deposit in the amount of 6850 PLN (in words six hundred fifty   PLN) which shall constitute the equivalent of one monthly rent. 

  1. The Guarantee Deposit is to secure the potential claims arising from the Lessor made in the course of the lease for any damage to the Leased Premises apart from normal wear and tear and unpaid utility bills.

  1. The Guarantee Deposit is not subject to interest rate and will be returned to the Lessee to the bank account The Lessor will provide not later than 30 days, after:

  1. 23.1.removal of all the belongings of The Lessee,

  2. 23.2.return of the keys to the Leased Premises to the Lessor,

  3. 23.3.fixing all the damage caused by The Lessee, by himself or on his own expense, excepted normal wear and tear,

  4. 23.4.cleaning the Leased Premises,

  5. 23.5.signing the acceptance report by both parties 

The Guarantee Deposit cannot be treated as the amount due for monthly rent (ie. last month’s rent) nor it is to be used as the means to cover electricity and gas costs, and is a separate amount from Security Deposit defined in Articles 16 through 18. 

 

HAND-OVER AND RETURN OF THE LEASED PREMISES

  1. The condition and furnishings of the Leased Premises are specified in the acceptance report drawn up by the Lessor and the Lessee.

  1. The Lessor gives two sets of keys to the Lessee.

 

  1. The Lessee is obliged to return to the Lessor the Leased Premises and the furnishings (including the keys to the Leased Premises) in a condition in no way deteriorated. The Lessee is not liable for the normal wear and tear.

  2. If the Lessee will return the Leased Premises (installations or equipment) in a deteriorated condition beyond normal wear and not cleaned up, then the Lessee will bear all the costs of appropriate repair, maintenance, cleaning and purchasing equipment in accordance with the calculation presented by the Lessor.

OTHER OBLIGATIONS OF THE LESSEE

  1. The Lessee is obliged to use the Leased Premises in accordance with their purpose, as well as to take care of their due technical and sanitary condition.

  1. The Lessee is obligated to use any devices and pieces of equipment in accordance with its manual guide and respect the health and safety rules. Appliances left within the Leased Premises, its ongoing maintenance and repairs are the responsibility of the Lessee, except for repairs arising from normal wear and tear use. 

  1. Petty costs related to normal use of the Leased Premises are borne by the Lessee.

  1. Any repairs of a larger scale or repairs of faulty electrical equipment (dishwasher, washing machine, etc.), not resulting from improper use of the Leased Premises by the Lessee are due to be fixed by the Lessor by his expense.

  1. If during the lease term a need arises for repairs charged to the Lessor, the Lessee is obliged to promptly notify the Lessor (by email or by phone) thereof, and in case of a breakdown – also to promptly make the Leased Premises available in order to eliminate it. Otherwise the Lessee shall be liable for any resulting damage.

  2. In case of delay or immediate need of repair The Lessee is entitled to proceed with repairs on his own costs. The Lessor must be informed prior to that by The Lessee. The Lessor is obliged to refund the costs of repairs to The Lessee based on the invoices from contractors provided by The Lessee.

  1. The Lessee is obliged to allow the Lessor to conduct reviews of the technical condition of the Leased Premises and perform repairs in the Leased Premises, having each time agreed upon a date of such review.

  1. Without the Lessor’s prior written consent the Lessee may not perform modifications or adaptations interfering with the structure of the Leased Premises. The Lessee may make enhancements in the premises only with the Lessor's consent and pursuant to a written agreement specifying the manner for their financial settlement.

  1. Without the Lessor’s prior written consent the Lessee cannot sublease the Leased Premises or any part thereof or give them over for gratuitous use.

  1. Lessee shall bear full civil and criminal liability for their actions, omissions and actions made in the Leased Premises and the building where the premises is located. This also applies to third parties who Lessee lets into the building or Leased Premises. The Lessor shall not be liable for any belongings brought into the building and Leased Premises by the Lessee or third parties during the lease period, as well as the possible effects of the abovementioned belongings brought into the building and Leased Premises.

OTHER OBLIGATIONS OF THE LESSOR

  1. The Lessor shall be obliged to maintain the Leased Premises in a condition appropriate for the agreed purpose and to keep the installations technically fit, and in particular the Lessor shall be obliged to:

  1. 38.1.remove construction faults;

  1. 38.2.repair the water supply, sewage, heating systems, as well as gas and electricity installations,

  1. 38.3.replace fittings and fix equipment of the Leased Premises installed by the Lessor, in the event that the replacements are necessary due to reasons beyond the Lessee’s control,

  1. 38.4.continue agreements with electricity, gas, water providers, garbage disposal,

INSURANCE

  1. The Lessor shall, at his own expense, insure the Leased Premises against fire, water, and other acts of God for the term of the Agreement.

  1. The Lessor shall not be liable for the Lessee’s movable property brought into the Leased Premises.

FINAL PROVISIONS

  1. The Lessee are liable for the obligations arising from this agreement jointly and severally. 

  2. In case the agreement is signed only by one of the Lessees, he or she is fully laible for obligations arising from this agreement. 

  3. Any matters not provided for in the Agreement shall be governed by the provisions of the Polish Civil Code and other applicable laws binding in Poland.

  1. Any amendments to the Agreement may be made with the consent of both Parties, in written form, otherwise being null and void. In case of a change in a bank account or a correspondence address, each Party undertakes to promptly notify the other Party thereof in writing reasonably in advance.

  1. The Lessee agrees to allow the Lessor to show the Leased Premises to new potential tenants at least once a week within the last month of the period of the lease, after prior appointment with the Lessee.

  2. 46.The Acceptance Report constitutes an integral part of the Agreement are:

CONTACT DETAILS OF THE PARTIES:

The Lessor’s:

Ul. Królowej Aldony 6 lok 7, 03-928 Warszawa, niusia@gmail.com, +48 609 73 74 94

The Lessee’s:

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

During the lease term the Parties to the agreement are obliged to inform each other in writing about any change of address of their residence or their registered office. Should they fail to fulfil this obligation, correspondence sent to the last address by registered post, with a receipt confirmation and not collected, is deemed delivered.

Lessee’s Signature Lessor Signature

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