This contract is authenticated pursuant to Council of Ministers Resolution No.: (131) dated 04/03/1435 AH نوع العقد: Contract No.: مكان إبرام العقد:

Transcription

1 This contract is authenticated pursuant to Council of Ministers Resolution No.: (131) dated 04/03/1435 AH Contract Data 1 بيانات العقد Main Contract No.: رقم سجل العقد األسا ي س: Contract Type: Contract No.: رقم سجل العقد: نوع العقد: Contract Sealing Location: Tenancy End Date: Name: ID Type: ID Copy: Name: ID Type: ID Copy: Lessor Data Tenant Data Contract Sealing Date: تاريخ إبرام العقد: تاريخ بداية مد ة اإليجار: مكان إبرام العقد: Date: Tenancy Start تاريخ نهاية مد ة اإليجار: Nationality: 2 بيانات المؤج ر االسم: الجنسي ة: رقم الهوي ة: نوع الهوي ة: نسخة الهوي ة: و : ب ال يد اإللك ي ت ن ID No.: Mobile No.: Nationality: بيانات المستأجر Tenant Representative Data رقم الجوال: 3 االسم: الجنسي ة: رقم الهوي ة: نوع الهوي ة: نسخة الهوي ة: و : ب ال يد اإللك ي ت ن ID No.: Mobile No.: بيانات م مثل المستأجر رقم الجوال: The Tenant represented by himself. Brokerage Entity and Broker Data 4 المستأجر م مث ل بنفسه. 5 بيانات المنشأة العقارية والوسيط Brokerage Entity Name: اسم المنشأة العقارية: Brokerage Entity Address: عنوان المنشأة العقارية: Landline No.: CR No.: رقم الس جل الت جاري: رقم الهاتف: Fax No.: رقم الفاكس: Broker Name: اسم الوسيط: ID Type: Nationality: الجنسي ة: نوع الهوي ة: ID Copy: ID No.: رقم الهوي ة: نسخة الهوي ة: Mobile No.: رقم الجو ال: و : ب ال يد اإللك ي ت ن 1

2 Titles Deeds Data 6 بيانات صكوك الت ملك Issuer: Title Deed No.: رقم الص ك: جهة اإلصدار: Place of Issue: Issue Date: تاريخ اإلصدار: مكان اإلصدار: Property Data 7 بيانات العقار National Address: ي : العنوان الوط ن Property Usage: Property Type: نوع بناء العقار: نوع استخدام العقار: Number of Units: Number of Floors: عدد األدوار: عدد الوحدات: Number of Parking Lots: Number of Elevators: عدد المصاعد: عدد المواقف: Note: The Property s special features are mentioned here automatically, as per the property s data registered in EJAR. (For example: Swimming Pool: 2 / GYM: 1 / Security: Yes / Delivery Service: No / Laundry: 1 /.etc) Unit No.: Floor No.: Rental Units Data Kitchen Cabinets Installed: Number: Number: Current Reading: Unit Type: 8 بيانات الوحدات اإليجاري ة نوع الوحدة: مؤث ثة: رقم الوحدة: Furnished: رقم الد ور: Furnishing Status: حالة الت أثيث: نوع الغرفة: خزائن مطبخ مرك بة: Type: Room العدد: AC Type: نوع الت كييف: رقم عداد الكهرباء: العدد: No.: Electricity Meter القراءة الحالي ة: Note: This line appears only when selecting to pay the bill, if the Meter is not shared with another rental unit other than the unit mentioned in this clause. Otherwise, the following line appears: There is a fixed is paid for electricity service of this rental unit, as mentioned in clause No.: () of this contract. Current Reading: No.: Water Meter القراءة الحالي ة: رقم عداد المياه: Note: This line appears only when selecting to pay the bill, if the Meter is not shared with another rental unit other than the unit mentioned in this clause. Otherwise, the following line appears: There is a fixed is paid for water service of this rental unit, as mentioned in clause No.: () of this contract. Current Reading: No.: Gas Meter القراءة الحالي ة: رقم عداد الغاز: Note: This line appears only when selecting to pay the bill, if the Meter is not shared with another rental unit other than the unit mentioned in this clause. Otherwise, the following line appears: There is a fixed is paid for Gas service of this rental unit, as mentioned in clause No.: () of this contract. Sublease ي الت أج من الباطن The tenant (is / isn t) entitled to sublease the rental units specified in clause No.: (8) of this contract. 9 2

3 Financial Data البيانات المالي ة Brokerage Fee (Not included in total contract ): Security Deposit (Not included in total contract ): ي ع )ال تدخل ضمن القيمة اإلجمالية لعقد اإليجار(: أجرة الس مبلغ الض مان )ال يدخل ضمن القيمة اإلجمالية لعقد اإليجار(: Gas Monthly Amount: Electricity Monthly Amount: األجرة الش هرية للكهرباء: األجرة الش هرية للغاز: Parking Monthly Amount: Water Monthly Amount: األجرة الش هرية للمياه: األجرة الش هرية للمواقف: Parking Lots Rented: Rent Payment Period: Monthly Rent: Regular Rent Payment: القيمة الش هرية لإليجار: دفعة اإليجار الد ورية: عدد المواقف المستأجرة: دورة سداد اإليجار: Number of Rent Payments: Last Rent Payment: دفعة اإليجار ي األخ ة: عدد دفعات اإليجار: Total Contract Amount: Rent Payment Schedule القيمة Amount First Article: Historical Data for the Obligations of Parties: إجما ي ل قيمة العقد: Note: All details related to all payments shall be mentioned in this section, so that the details of each payment shall be mentioned in a separate line. Obligations by Parties ت ز ال امات األطراف 12 Historical data for the obligations of parties mentioned in Clauses (1-11) shall constitute an integral part and complementary of this contract. Second Article: Subject of Contract: Both Tenant and Lessor have agreed under this contract to rent the rental units specified in clause No.: (8) according to the terms, conditions, and obligations provided herein, the Tenant acknowledges that he has examined the rental units to ensure its habitability, and he shall agree on this contract according to the provided descriptions. Third Article: Rental Term جدول سداد الد فعات 3/1 The term of this contract shall be ( ) days starting as of / / 14 AH, corresponding to / / 20 AD, until / / 14 AH corresponding to / / 20 AD, and if there is a difference between Hijri and Georgian Dates, then, the Georgian date shall prevail in all contract s clauses. 3/2 The Lease Term shall terminate upon Contract termination. If both parties desire to renew the contract, then, a new contract agreed upon by both parties shall be executed. 3/3 If no party addressed a notice to the other party sixty (60) days prior to the end of lease term of his intent to terminate the contract, then, lease term shall be renewed automatically for a similar term. Note: Both parties shall agree to select one of the two paragraphs (3-2) or (3-3). Fourth Article: Fees: Total value of contract shall be ( ) Saudi Riyals, and the Tenant shall be obliged to pay this value to the Lessor according to clause No.: (11) stated herein. Fifth Article: Tenant s Obligations: 5/1 Tenant shall be obliged to pay fees in the agreed dates. 5/2 Tenant shall be obliged to use the rental units for the purpose designated for; habitation. 5/3 Tenant shall not undertake any procedures causing a change in the rental units, unless obtaining a written approval given by the Lessor or representative thereof الر قم المس لس ل Sequence No. تاريخ اإلصدار )م( Issue Date (AD) تاريخ االستحقاق )م( Due Date (AD) تاريخ اإلصدار )ه( Issue Date (AH) تاريخ االستحقاق )ه( Due Date (AH)

4 5/4 Tenant shall not be entitled to prevent the Lessor from making urgent repairs which are necessary to protect the rental units, pursuant to Lessor a proof by the Lessor of the necessity of this procedure under a report given by the competent authorities. 5/5 He shall be obliged to handover the rental units after the termination of lease term stated herein, in the same condition the tenant received. 5/6 Not to remove improvements, fixed decoration works, or any additions by the tenant in the rental units, unless he obtains a written approval from the Lessor or representative thereof. 5/7 The tenant shall be obliged to pay electricity, water, and gas bills related to rental units determined within the term of the contract, or pay a fixed to the Lessor periodically against these services as mutually agreed between parties. 5/8 The tenant shall use the rental units, subject of the contract, according to the ordinary usage, and as per the regulations and traditions applied in Kingdom of Saudi Arabia, in addition, he shall not practice any acts incompatible with Islamic law or public morals or allow others to do the same. Only the tenant shall abide by all penalties imposed by the competent authorities. 5/9 The tenant shall be obliged to take care of the mutual parts of leased rental units and shall use them properly. Sixth Article: Lessor`s Obligations: 6/1 Lessor shall be obliged to pay the fees of periodical maintenance needed to maintain the rental units. 6/2 Lessor, during the contract term, shall be responsible for the property s maintenance works, relevant to building s safety. He shall also be obliged to repair any damage affecting the tenant s fulfillment of the intended use. For example but not limited to: 6/2/1 Water drainage inside walls or ceilings, unless caused by a defect in water external pipes, or misusage of the tenant. 6/2/2 Ceilings downfall or fundamental cracks in building, which affect the building s safety unless the tenant is liable for the same. 6/3 Except maintenance works abovementioned in clause 6-2, the tenant shall bear all costs of the ordinary maintenance and repairs resulting from rental units utilization. 6/4 The Lessor shall be obliged to bear any services fees imposed by the competent authorities to the rental units. 6/5 If the ownership of the property or rental units is transferred to another owner, the Lessor s contract shall remain valid and it will not be revoked until the end of its term. 6/6 The Lessor shall be obliged for the maintenance of the mutual parts of the property which include the leased rental units, in terms of cleanliness, validity of use, and utilization. Seventh Article: Termination of Contract: This contract shall be terminated promptly, without the need of warning, notice, or judicial rule, if the Lessor or tenant violates any of its obligations under this contract, after giving a written notice to the party in breach by the affected party. The affected party may terminate this contract if the warned party is not committed to his obligations or remove damage caused thereby within fifteen (15) days of warning date. Eighth Article: Contract Expiration: 8/1 This contract shall be expired in case of the following events: 8/1/1 If it is proven, under a report approved by competent governmental authority that the property is dilapidated. 8/1/2 If governmental Resolutions require amendment of Construction Laws, the thing that shall result in failure of rental units usage. 8/1/3 If the Government possesses the property in whole or in part, in the way that the rental units shall no more be allowed to be used. 4

5 8/1/4 In Force Majeure events. 8/2 Consequences of Expiration: 8/2/1 The tenant shall hand over the rental units within thirty (30) days as of the date of the event resulting in contract expiration. 8/2/2 Upon the tenant evacuation of the rental units, Lessor shall be obliged to return the remaining of the paid rental value for the remaining period. Ninth Article: Handover of Rental Units: The tenant shall handover the rental units upon the termination of tenancy contract term, contract termination, or contract expiration. Handover shall not be effective unless the handover form is signed by the tenant and Lessor, and if the tenant kept the same for himself unduly, he shall be obliged to pay an estimated at ( ) to the Lessor as a daily rent. Tenth Article: Costs of Dispute Settlement: All expenses and fees caused by the delay of any party in paying the due installments or maintenance fees, or in removing the damage resulting therefrom, shall be a part of his original obligations and he shall undertake to pay the same. Eleventh Article: Contract Validity: 11/1 This contract shall be effective as of the date of signing the contract, and it shall be binding to both parties. It can also be renewed according to the parties obligations mentioned in Third Article. 11/2 If any condition or provision of Contract is held invalid or illegal, this shall not affect the validity of the remaining provided terms and conditions, unless the provision is directly relevant to the effective provisions of this contract. Twelfth Article: Evacuation: The rental units shall be evacuated before the end of the contract upon the request of the Lessor in the following cases: 12/1 If the tenant delays in the payment of the rental value in whole or in part within thirty (30) days as of receiving a notice from the Lessor, otherwise agreed in writing by both parties. 12/2 If the tenant subleases rental units in whole or in part, as long as he is not entitled to the same, as provided in this contract. 12/3 If the tenant uses or permits others to use the rental units in illegal and immoral activities. 12/4 If the tenant makes some changes which jeopardize the property s safety, to the extent it becomes impossible to return it to original condition, causing intentional damage to the property, gross negligence to undertake the proper safeguards arrangements, or if he allows others to cause this damage. 12/5 If the tenant uses the property for purposes other than the purpose for which the property is leased, or if the property is used in a manner violating the regulations related to lands planning, building, and usage. 12/6 If the tenant fails to comply with the obligations or conditions provided in tenancy contract within thirty (30) days as of receiving a notice given by the Lessor pertaining to respecting the obligations or conditions. Thirteenth Article: Dispute Settlement: In the event of any dispute between both parties concerning the interpretation or implementation of this contract or any terms thereof, it shall be resolved amicably within fifteen (15) days as of the date of starting the dispute. Fourteenth Article: Official Address and Correspondence: All addresses, correspondence, notices, writings, details, and reports submitted by any party to the other, or to governmental or judicial authorities shall be written in Arabic Language. Also, it shall be considered to be delivered if sent to the national address, or via registered mail, fax, first-class courier, telephone, in hand against a receipt to the address first mentioned, or via network, or any other systematic way. 5

6 Fifteenth Article: Contract Copies: This contract is executed in counterparts by way of electronic copies for broker, Lessor, and tenant, each is electronically signed by both parties of the contract. Each party hereby has received his electronic copy. Ministry of Housing may exchange the data of this contract with the relevant authorities, classification agencies, and development credit authorities. Sixteenth Article: Additional Conditions: None Appendix The following table shows the definitions of some terms herein included: 13 الملحق clause No. Term Definition The Tenancy contract will be one of the following types: 1 Contract Type 1. New. 2. Renewed. 1 Date of contract This term determines the date of documenting the tenancy contract by both parties. 1 Place of Contract This contract determines the name of the city wherein the property locates. 2 Lessor Is an individual of one of the following cases: 1. To be represented by himself. 2. To be representative under a legal power of attorney. 3 Tenant The tenant may be an individual, an institution, or a company Tenant s representative Type of property s building Type of property s usage Tenant s representative is a person of one of the following cases: 1. To be the tenant himself (i.e the tenant is represented by himself). 2. To be representative under a legal power of attorney. The property s building is represented in one of the following: 1. A building. 2. A villa. Property s usage will be one of the following: 1. Residential, family. 2. Residential, individuals. Rental unit is represented in one of the followings: 8 Unit s Type 1. A villa. 2. An apartment. 3. An apartment of two floors (Duplex). 4. A small apartment (Studio). 5. BR apartment. 8 Number of unit This term shows the rental unit s number in EJAR. 8 Unit s age This term determines the estimated age of the rental units in years. 6

7 8 Furnished This term identifies whether the rental unit is furnished or not. 8 8 Furnishing condition Kitchen cabinets installed Furnishing condition of the rental unit (if furnished) is one of the following: 1. New. 2. Used. This term identifies whether kitchen cabinets are installed or not. Brokerage fees Security Deposit This term determines the brokerage fees incurred by the tenant, if any. These fees are not included in total of tenancy contract. This term determines the security deposit incurred by the tenant, if any. This is not included in total of tenancy contract. Electricity monthly Water monthly Gas monthly Parking monthly Rent monthly Rent payment cycle Number of rent payments This term determines the value of electricity monthly incurred by the tenant, if any. It shall be paid with rent payments. This term determines the value of water monthly incurred by the tenant, if any. It shall be paid with rent payments. This term determines the value of gas monthly incurred by the tenant, if any. It shall be paid with rent payments. This term determines the value of parking monthly incurred by the tenant, if any. It shall be paid with rent payments. This term determines the rent monthly agreed upon by the Lessor and tenant. This term identifies the periodic duration to make payments, and it shall be one of the following:: Periodic rent payment 1. Monthly. 2. Quarterly. 3. Biannual. 4. Annual. The last rent payment This term identifies the number of payments due during the term of the contract as per the payment selected periodic duration. This term determines the due periodic payment except the final payment. This term determines the due last rent payment. Total contract This term determines the total shall be paid during the term of the contract, and it includes the following:: 1. Rent monthly multiply by rent duration. 2. Electricity monthly, if any, multiply by rent duration. 3. Water monthly, if any, multiply by rent duration. 4. Gas monthly, if any, multiply by rent duration. 5. Parking monthly, if any, multiply by rent duration. 7

8 Tenant Signature توقيع المؤجر Lessor Signature توقيع المستأجر Date Date التاريخ التاريخ 8