Residential Lease Agreement

  This Agreement is entered into by and between      (the “Tenant”) and      (the “Landlord”) [who is □ the owner □ a sublessor (shall present proof of permission from the original owner to sublet the premises)]. In consideration of the mutual covenants regarding the leasing of the premises, the parties hereby agree as follows:

Article 1 Leased premises

 1. Location of the premises

(1) Address: __ Floor, No. __, Alley ___, Lane ___, Section ___, ________ Street/Road, ________ Township/City/District, ________ City/County (site location: Land No. __, Subsection __, Section __)

(2) Individual unit: Building No.: __; extent of ownership:    ; total area:    m2

 1. Area of the main building:

__ floor __ m2, __ floor __ m2, __ floor __ m2, totaling __ m2; purpose: __

 2. Annex: purpose: __; area: __ m2

(3) Common areas: Building No.: __; extent of ownership:    ; area owned:    m2

(4) Creation of other rights: □ yes □ no; if yes, the type of rights: ________

(5) Foreclosure registration: □ yes □ no

2. Leased area

(1) House: □ whole □ part: __ floor □     unit(s) □ Room No.   ; area: __ m2 (see the leased area marked out in the house location and layout plan)

(2) Parking space:

Type and assigned number of the parking space:

__ floor above ground/underground □ surface parking space □mechanical parking space; assigned number: __; number of parking spaces: _

Period of use:

□ all day □ daytime □ nighttime □ others ___ (not required if not applicable)

(3) Leased auxiliary equipment:

Auxiliary equipment: □ yes □ no; if yes, see the confirmation form for the current status of the leased premises enclosed herein for more details unless a list of auxiliary equipment is separately provided

(4) Others:    

Article 2 Term of the lease

    The term of the lease commences on ________ and ends on ________.

Article 3 Rental agreement and payments

   The monthly rent payable by the Tenant is NT$   .     month(s) of rent shall be paid for each period. The rent is due by the    day of each □ month □ period. No delay or refusal of payment is allowed for any reason. The Landlord shall not randomly request an adjustment in the rent.

Rental payment method: □ cash □ wire transfer: financial institution: ____; account name: ____; account number: ____; □ others: ____

Article 4 Security deposit (deposit) agreement and refund

The parties agree that the security deposit (deposit) shall be ___ month’s/months’ rent, totaling NT$    (the maximum amount shall not exceed the total amount of two months’ rent). The Tenant shall pay the deposit to the Landlord at the time of execution of this Agreement.

   Except for the circumstances set forth in Paragraph 3 of Article 11, Paragraph 4 of Article 12, and Paragraph 2 of Article 16, the Landlord shall refund the security deposit (deposit) set forth in the preceding paragraph to the Tenant when the term of the lease ends or the Tenant returns the premises upon expiration of this Agreement.

Article 5 Payment of relevant charges during the term of the lease

Relevant charges incurred during the term of the lease:

1. Administration fees:

 □ to be paid by the Landlord

 □ to be paid by the Tenant

House: NT$      per month

Parking space: NT$ _____ per month

In case of an increase in such fees due to reasons not attributable to the parties during the term of the lease, the Tenant shall pay up to 10% of the additional amount; in case of a decrease in such fees, the Tenant shall pay the lower amount.

□ others:       

2. Water charges:

□ to be paid by the Landlord

□ to be paid by the Tenant

□ others:        (NT$   per cubic meter for example)

3. Electricity charges:

□ to be paid by the Landlord

□ to be paid by the Tenant

□ others:        (NT$   per kilowatt hour for example)

4. Gas charges:

□ to be paid by the Landlord

□ to be paid by the Tenant

□ others:       

5. Other charges and the method of payment thereof: ______

Article 6 Tax burdens

Any taxes and service fees related to this Agreement shall be handled as agreed to below:

1. The house tax and land value tax shall be paid by the Landlord.

2. The stamp tax on receipts of monetary payments shall be paid by the Landlord.

3. Service fees for execution of this Agreement: NT$      

□ to be paid by the Landlord

□ to be paid by the Tenant

□ to be paid equally by the parties

□ others: ________

4. Notary fees: NT$       

□ to be paid by the Landlord

□ to be paid by the Tenant

□ to be paid equally by the parties

□ others: ________

5. Service fees for notarization: NT$      

□ to be paid by the Landlord

□ to be paid by the Tenant

□ to be paid equally by the parties

□ others: ________

6. Other taxes and the method of payment thereof: ______

Article 7 Restrictions on the use of the premises

The premises shall be used for residential purposes. Change of purpose is not allowed unless otherwise permitted by the Landlord.

The Tenant agrees to obey the regulations for inhabitants. No illegal use or storage of any explosive or flammable articles that affect public safety is allowed.

The Landlord □ agrees □ does not agree to sublet, lend, or offer by any other means the premises, in whole or in part, for use by other parties, or to transfer his/her rights to lease to other parties.

If the Landlord agrees to sublet the premises as set forth in the preceding paragraph, the Tenant shall present proof of permission from the Landlord to sublet the premises.

Article 8 Repairs and renovation

In the event that the premises or auxiliary equipment is damaged and in need of repairs, the Landlord shall be responsible for such repairs. However, the provision does not apply when the parties agree otherwise, when the parties have different customs, or when the damage is attributable to the Tenant.

If the Landlord is responsible for repairs, as set forth in the preceding paragraph, but fails to do so within the period of time specified by the Tenant, the Tenant may carry out the repairs by himself/herself and request the Landlord to repay the costs incurred or deduct the costs from the rent agreed under Article 3.

In the event that the facilities of the premises are in need of renovation, the Tenant may carry out installations by himself/herself in accordance with applicable laws and regulations only after obtaining permission from the Landlord. However, any installations shall not adversely affect the structural safety of the original construction.

When returning the premises in the conditions set forth in the preceding paragraph, the Tenant shall □ be responsible for restoring the premises to their original condition □ return the premises as they are □ meet other requirements: _____.

Article 9 Responsibilities of the Tenant

    The Tenant shall maintain the premises with the due care of a good administrator. In the event of a breach of such duty of care, the Tenant shall be responsible for providing compensation for any damage or destruction caused to the premises. However, the provision does not apply when the use or profit collection by means of the agreed method or based on the properties of the premises causes damage or destruction of the premises.

Article 10 Partial destruction of the premises

    If, due to reasons not attributable to the Tenant, part of the premises is destroyed during the term of the lease, the Tenant may request a reduction of the rent for the part destroyed.

Article 11 Early termination of this Agreement

The parties □ may □ shall not terminate this Agreement before it expires.

Either party may terminate this Agreement, as agreed, by giving a □ one-month □  ___ month advance notice to the other party. If either party terminates this Agreement without an advance notice, the party shall compensate the other party by providing ___ month’s (no more than one month) rent as a penalty.

The penalty required from the Tenant in the preceding paragraph may be provided by deducting the same amount from the security deposit (deposit) set forth in Article 4.

In the event that this Agreement is terminated in accordance with Paragraph 2 before it expires, the Landlord shall refund the rent collected in advance to the Tenant.

Article 12 Return of the premises

 The Tenant shall, immediately after the end of the term of the lease or upon termination of this Agreement, return the premises to the Landlord and complete a move-out procedure for household registration or other kinds of registration.

For the purpose of returning the premises as prescribed in the preceding paragraph, the parties shall jointly complete the inspection of the condition of the premises and equipment. The failure of either party to join the inspection and failure to do so again within a reasonable period of time specified by the other party by means of a reminder notice shall be deemed as completion of the inspection.

If the Tenant fails to return the premises as agreed under Paragraph 1, the Landlord may request the Tenant to pay an amount equivalent to the rent calculated on a monthly basis for the period when the premises are not returned, and may request a penalty in the amount of the rent calculated on a monthly basis for such a period (the rent shall be calculated on a daily basis if the period is less than a month) until the Tenant returns the premises.

    The Landlord may deduct the aforesaid amount and relevant charges that the Tenant has not paid from the security deposit (deposit) set forth in Article 4.

Article 13 Transfer of the ownership of the premises

This Agreement will continue to bind the transferee even if the Landlord transfers the ownership to a third party after delivery of the premises and during the occupancy by the Tenant.

If the circumstance mentioned in the preceding paragraph occurs, the Landlord shall hand over the security deposit (deposit) and the rent collected in advance to the transferee, and shall notify the Tenant in writing.

The provisions of the preceding two paragraphs do not apply to this Agreement if it is not notarized and the term is over five years or is indefinite.

Article 14 Termination of this Agreement by the Landlord

  The Landlord may terminate this Agreement if the Tenant falls under any of the following circumstances:

1. Where the overdue rent amounts to two months’ rent and the Tenant still fails to pay the rent within a reasonable period of time specified by the Landlord by means of a reminder notice;

2. Where the use violates the provisions of Article 7;

3. Where the use violates the provisions of Paragraph 3 of Article 8;

4. Where the outstanding amount of administration fees or other charges payable is equivalent to two months’ rent and the Tenant still fails to pay such fees or charges within a reasonable period of time specified by the Landlord by means of a reminder notice.

Article 15 Termination of this Agreement by the Tenant

The Tenant may terminate this Agreement if the Landlord falls under any of the following circumstances:

1. Where the Landlord shall be responsible for the necessary repairs of the damaged premises but fails to complete the repairs within a reasonable period of time specified by the Tenant by means of a reminder notice;

2. Where the circumstance set forth in Article 10 occurs, and the negotiation over a rent reduction cannot be concluded or the remaining part of the premises cannot serve the purpose of being leased;

3. Where the premises are defective and may endanger the safety or health of the Tenant or his/her cohabitant(s).

Article 16 Disposal of items left behind

Any items left behind by the Tenant after the end of the term of the lease or termination of this Agreement shall be disposed of in the following manners:

1. If the Tenant has returned the premises, the Landlord can freely dispose of such items.

2. If the Tenant has not returned the premises, the Landlord shall give a reminder notice and specify a reasonable period of time for removing such items. Items that are not removed within the specified period of time shall be deemed as waste and can be freely disposed of by the Landlord.

 The costs required for disposing of the items left behind, as prescribed in the preceding paragraph, shall first be deducted from the security deposit (deposit). The Landlord may request the Tenant to pay for any shortfall.

Article 17 Service and delivery of notices

    Unless this Agreement provides otherwise, the notices sent between the Landlord and the Tenant shall be delivered to the addresses stated in this Agreement if sent by post, and may be sent via □ e-mail □ SMS □ other methods: __ (notices shall be sent by post if no delivery method is agreed upon). If a notice cannot be received (including the case of rejection) due to the failure to notify the other party of a change of address or ___, the date of first postal delivery or notification by the other party shall be assumed as the date of arrival.

Article 18 Settlement of doubts

    If any doubts arise from the terms of this Agreement, interpretations shall be made in favor of the Tenant.

Article 19 Other agreements

    The parties agree □ to notarize □ not to notarize this Agreement.

If this Agreement is notarized, the parties □ do not agree □ agree to indicate the necessity of compulsory enforcement for the following matters in the notarial certificate:

□ 1. The Tenant fails to return the premises after the end of the term of the lease.

□ 2. The Tenant fails to pay any overdue rent, administration fees paid by the Landlord on behalf of the Tenant, or amount payable due to violation of this Agreement, as required in this Agreement.

□ 3. The Landlord shall refund the security deposit (deposit), in whole or in part, at the end of the term of the lease or upon termination of this Agreement.

If compulsory enforcement for monetary liabilities is indicated in the notarial certificate, the guarantor, if any, shall be subject to Subparagraph __ of the latter part of the preceding paragraph.

Article 20 Settlement of disputes

The parties may settle any dispute arising from this Agreement in the following manners:

1. Applying for conciliation by the Committee on Real Estate Dispute Conciliation in the municipality, city, or county where the premises are located;

2. Applying for mediation by the Consumer Dispute Mediation Commission in the municipality, city, or county;

3. Applying for mediation by the Mediation Committee in the township, city, or district;

4. Filing a mediation petition or lawsuit with the court that has jurisdiction over where the premises are located.

Article 21 Effects of this Agreement and relevant appendices

    This Agreement shall become effective on the date of execution. Each party shall retain an original copy of this Agreement.

    The advertisements and relevant appendices of this Agreement shall be considered part of this Agreement.

    The rights and obligations defined in this Agreement shall bind the successors of the parties.

Article 22 Handling of matters not covered

    Any matters not covered by this Agreement shall be settled in a fair manner based on applicable laws and regulations, customs, and the principles of equality, reciprocity, honesty, and credibility.

Appendices

□ Photocopy of the building ownership certificate

□ Photocopy of the usage license

□ Photocopies of the ID cards of the parties

□ Photocopy of the ID card of the guarantor

□ Letter of consent to authorize the representative to execute this Agreement

□ Confirmation form for the current status of the leased premises

□ List of auxiliary equipment

□ House location and layout plan

□ Others (result maps of building surveys and/or photos of current interior conditions)

The parties

The Landlord:

Name:              Signature/Seal

ID number/business administration number:

Permanent address:

Mailing address:

Telephone:

Responsible person:           (Signature/Seal)

ID number:

E-mail address:

The Tenant:

Name:              Signature/Seal

ID number:

Permanent address:

Mailing address:

Telephone:

E-mail address:

The guarantor:

Name:              (Signature/Seal)

ID number:

Permanent address:

Mailing address:

Telephone:

E-mail address:

The real estate broking agency:

Name (company or firm):

Address:

Telephone:

Business administration number:

Responsible person:           (Signature/Seal)

ID number:

E-mail address:

The real estate agent:

Name:                  (Signature/Seal)

ID number:

Mailing address:

Telephone:

Certificate number:

E-mail address:

Date:

 

Confirmation Form for the Current Status of the Leased Premises

                                        Date of completion of the form:

Item

Details

Notes

1

Including □ Not including unregistered reconstructions, extensions, additions, and illegal constructions:

First floor __ m2 □ __ floor __ m2

Top floor __ m2 □ Others __ m2

In the case of an illegal construction (building for which no extension or addition application has been filed according to law), the Landlord shall be sure to offer an explanation so that the Tenant is fully aware of the possibility of the illegal building being demolished at any time or other risks.

2

Building type: __________

Current layout of the building: __ bedroom(s) __ living/dining room(s) __ bathroom(s) □ with □ without partitions

1. Building types:

(1) General buildings: townhouses and villas (individual ownership and no shared areas)

(2) Strata titled buildings: apartments (with five floors or less and no elevators), townhouses, shops (stores), commercial office buildings, residential or multi-purpose buildings (with 11 floors or more and elevators), condominiums (with ten floors or less and elevators), studios (one bedroom, one living/dining room, and one bathroom), etc.

(3) Other special buildings: such as factories, factory and office buildings, farmhouses, warehouses, and other types

2. Current layout (such as the number of bedrooms, living/dining rooms, and bathrooms as well as the existence of partitions or not)

3

Type of parking space □ ramp/surface□ lift/surface □ ramp/mechanical □lift/mechanical □ parking tower □ ground level □ others: __

Assigned number: __; individual ownership certificate: □ yes □ no

An agreement on separate management of common property and drawings □ are enclosed □ are not enclosed.

 

4

Fire protection equipment: □ yes □ no □ unknown; if yes, the equipment includes:

(1)____(2)____(3)____

 

5

The water supply and drainage □ are □ are not normal.

 

6

Condominium regulations: □ yes □ no; if yes, the regulations □ are □ are not enclosed.

 

7

The auxiliary equipment includes the following items:

□ TV: __ (quantity) □ TV stand: __ (quantity) □ sofa set: __ (quantity) □ coffee table: __ (quantity) □ dining table: __ (quantity) □ dining chair: __ (quantity) □ shoe cabinet: __ (quantity) □ curtain set: __ (quantity) □ lamp: __ (quantity) □refrigerator: __ (quantity) □ washing machine: __ (quantity) □ bookcase: __ (quantity) □ bedding set/headboard: __ (quantity) □ wardrobe set: __ (quantity) □ dressing table: __ (quantity) □ desk chair: __ (quantity) □ storage cabinet: __ (quantity) □ telephone: __ (quantity) □ security equipment set: __ (quantity) □ microwave oven: __ (quantity) □ dishwasher: __ (quantity) □ air conditioner: __ (quantity) □ range hood: __ (quantity) □ kitchen counter: __ (quantity) □ gas stove: __ (quantity) □ water heater: __ (quantity) □ natural gas □ others: __

 

Landlord: ___________________ (signature/seal)

Tenant: ___________________ (signature/seal)

Real estate agent: ___________________ (signature/seal)

Date when the signatures/seals are affixed: __________________