TERMS OF AGREEMENTS OF THE LEASING
Rent: The rent will be paid as follows:
The rent corresponding to the first month of lease, must be paid in full, regardless of the day in which the lessee begins to make use of the facilities and it must be canceled in this act by cash. Also it can be paid through the Webpay (Transbank) system, amount which will correspond to the original value stipulated in this lease agreement plus a fee of 3,5% on that amount. Also it can be paid through a deposit or bank transfer.
The rent corresponding to the following months may be paid in cash, the amount of which corresponds to the total amout of the stay based on the original monthly value stipulated in this lease agreement. Also it can be paid through the Webpay (Transbank) system, amount which will correspond to the original value stipulated in this lease agreement plus a fee of 3,5% on that amount. Also it can be paid through a deposit or bank transfer.
Five days before the end of the first month of rent, the lessee will pay in advance the following month of rent, and so on for the entire remaining period, except as indicated in the following point (4).
In conjunction with the payment corresponding to the penultimate month of rent, the lessee must also pay in full and in advance the amount corresponding to the last month of rent.
The guarantee paid at the time of booking the room, will be returned in full the last week of the contract, as long as the seventh and eighth clauses of this contract are respected.
Fines: The non-timely payment of the lease rent, that is, in the manner established in the preceding clause, will accrue in favor of the lessor as a penalty for delay the sum equivalent in pesos to 2 Inflation Indexed Currency Units (UF) for each day of delay in the payment, fine that will apply from the day after the deadline until the day of effective payment, and its term to be paid will be 2 days from the date of verification of the breach, without necessarily being notified by the lessor. The foregoing without prejudice to the right of the lessor, to terminate the lease ipso facto.
Likewise, the fact that the lessee incurs in any of the behaviors detailed in the seventh clause will accrue in favor of the lessor as a compensation fine the equivalent of 2 Inflation Indexed Currency Units (UF) per event, without prejudice to the provisions of said clause in relation to the anticipated termination of the contract.
In the event that the lessor has to resort to the services of a lawyer for the collection of rent or rental income, fines, indemnities, unpaid bills or any other value related to the lease of the property subject of this contract, expenses and costs judicial or extrajudicial, shall be borne by the lessee, accepting from this moment to pay the values charged for these services, in the event that he has not paid some of these values.
Visits to the property: The lessee is obliged to provide the necessary facilities so that the lessor or whoever represents them may visit the property at any day and time. Also, if the owners wish to sell or lease the property in the last two months of the contract and prior notification referred to in the third clause of this contract, the lessee is obliged to show it weekly three days of the week in time to convene. He/she should, in any case, have a minimum of 10 hours a week for this purpose, between 9 and 19 o'clock.
Cohabitation: The lessee declares to understand and acknowledge and accept the fact that the room he/she rents through this contract is part of a property in which other lessees of Unihome cohabit, so in order to maintain a harmonious coexistence, he/she is obliged to respect, among others, The following obligations:
a) Keep the leased property in good condition.
b) Not cause noise that may create discomfort to both cohabitants and neighbors of the house or apartment, always trying to maintain an attitude of respect for others in this regard.
c) It is strictly forbidden for third parties other than Unihome lessees to stay overnight in the premises of the leased property. If this prohibition is not respected, special fines will be applied. For every day that a third party other than the lessee stays overnight, a fine equivalent in pesos will be applied on the effective payment date of 5 Inflation Indexed Currency Units (UF), which will be charged together with next month's rent, unless the lessor makes use of the right granted in the following eighth clause, in which case it must be paid within 2 days after the breach has been verified.
d) Parties and / or large gatherings are strictly prohibited in the premises of the property. If this prohibition is not respected, special fines will be applied. For each party carried out in the property, a fine equivalent in pesos will be applied to the effective payment date of 8 Inflation Indexed Currency Units (UF), which will be charged together with next month's rent, unless the lessor makes use of the right granted in the following eighth clause, in which case it must be paid within 2 days after the breach has been verified.
e) It is forbidden to smoke and throw cigarette butts or any other type. If this prohibition is not respected, Unihome will be entitled to collect a fine equivalent in pesos on the effective payment date of 5 Inflation Indexed Currency Units (UF), which will be charged together with next month's rent, unless the lessor makes use of the right granted in the following eighth clause, in which case it must be paid within 2 days after the breach has been verified.
f) The consumption of drugs, narcotics and any other illicit substances is prohibited. If this prohibition is not respected, the contract will be terminated immediately under the conditions established in the following eighth clause. The foregoing, without prejudice to the corresponding criminal actions that may be exercised by the lessorand / or the competent authority, which will be brought to the attention of the acts.
g) Shower baths may not last more than 15 minutes and special care should be taken to open the windows after these, to generate the necessary ventilation and thus, avoid the accumulation of moisture that could cause damage, which is not part of the normal structural wear of the property.
h) The lessee must have sheets on his/her bed, he/she will have three days from the delivery of the room to comply with this obligation, the violation of this prohibition will result in a fine equivalent in pesos to the effective payment day of 2 Inflation Indexed Currency Units (UF) per day of non-compliance.
i) The possession of pets of any kind in the property is prohibited. The infraction of this prohibition will result in a fine equivalent in pesos to the effective payment day of 5 Inflation Indexed Currency Units (UF) per day of permanence of said pet. The stay for over 3 days of a mascot will be cause for early termination of the contract.
j) The use of kitchen facilities is allowed until 23:00, after which their use will be prohibited.
k) It is allowed the use of machines to wash and dry until 22:00, and can only be used with full loads.
l) In case of loss of keys to the property, the lessor must be notified immediately. This will provide a new keychain, however, it will cost $ 10,000 pesos that must be paid once the new set of keys is delivered.
m) In case of closing any door on the inside leaving it blocked, the lessor will not be responsible for the cost of the locksmith service. Although it will be in charge of contacting and scheduling the visit from the locksmith, the cost of it is the responsibility of the lessee.
n) In case of the breakage of any window or picture window, the lessor will not be responsible for the cost of the glass service. Although it will be in charge of contacting and scheduling the visit of the professional, the cost of it is the responsibility of the lessee.
o) In case of a clogged toilet in any bathroom of the property, the lessor will not be responsible for the unclogging of it, since it is explicitly verbalized not to throw papers into the toilet, because it is highly probable that this will cause it to clog. The lessee can unclog it with his/her own means during the same day of the event or ask the lessor to coordinate a plumbing service. In the case of the person not making himself/herself responsible, the cost of the total service will be divided among the inhabitants of the house, charging them directly from their deposits.
p) As for the kitchen implements, a periodical review of their status will be made. If the lessor considers that these are in a bad state due to misuse of the lessee, the person responsible of said misuse should take charge in replacing the implement personally, in case of not having a person responsible for the misuse of the implements, they will be bought by the lessor and it will be charged in equal parts to all the members of the house.
q) The installation of stoves other than those provided by the lessor is prohibited, in case of installing any other type of appliance, a fine equivalent in pesos will be applied on the effective payment date of 3 Inflation Indexed Currency Units (UF) to the responsible person.
Anticipated termination of the contract: The leasing party may, at its discretion, terminate this contract in advance, without entitlement to compensation or payment of any kind and for any reason in case of failure to comply with the obligations of the seventh clause. Notwithstanding the foregoing, the right to terminate the contract in the same conditions may also be exercised if the lessee incurs any of the following behaviors:
a) Not pay the lease rent within the period stipulated in this contract, or the fines stipulated in the fifth clause, without prejudice to the provisions of article 1947 of the Civil Code.
b) To allocate the property for any purpose other than that stipulated in this contract.
c) Sublet of all or part of the property without prior written authorization from the lessor. The cession of the lease or sub-lease will make the lessee and his co-debtor jointly liable for all damages that may arise for the lessor.
d) Make improvements or variations in the leased property without the prior written consent of the lessor. It is expressly stated that the arrangements and improvements referred to in the ninth clause of this instrument were expressly accepted by the lessor.
e) Causing discomfort to neighbors or introduce explosive, flammable or bad-smelling materials in the leased property.
f) Install new locks on property or one of its rooms.
g) Failure to respect the co-ownership regulations of the building, if any.
h) Destroying or removing from the property the furniture that has been made available to the lessee under this contract. It should be used according to the common use of them and not intended for some other object.
i) Do not allow the entry or review of the property by Unihome in accordance with the provisions of the sixth clause above.
j) If the lessee is placed in default of payment by two or more creditors or presents payment agreements to his creditors in an extrajudicial or judicial manner, he/she is declared bankrupt or abandons his/her assets in favor of his/her creditors or well, it executes any other procedure of financial reorganization with intervention of the courts and whose consequence is a state of cessation of payment.
If the termination of the contract is produced by any of the causes indicated above, the lessee is obliged to return the property within a maximum period of 30 calendar days, which will be counted from the notice sent by the lessor to the lessee to the email of this last and whose record is left in the appearance of this contract. In case of not returning the property within the indicated period, the provisions of the final section of the fifth clause of this contract will apply.
Improvements: The lessor will not have any obligation to make improvements to the property. The improvements that the lessee may make will be for the benefit of the property from the moment they are executed, without the lessor having to pay any sum for them, whatever their nature, character or amount.
Any transformation or modification of the property must have the prior written approval of the lessor.
Maintenance of the property: The leased property will be delivered in perfect condition and cleanliness, with its artifacts, facilities and accessories in excellent working order, all of which is known to the lessee.
It is the obligation of the lessee to take care of and maintain the leased property in good state of cleanliness and conservation, and consequently to maintain in perfect condition the operation of the keys of the appliances, faucets, valves and toilet floats, plugs, doorbells and switches of the electrical installation, the care and maintenance of the garden, if any, and the normal maintenance and operation of the heating and hot water services, in general to carry out all the appropriate repairs for the conservation and proper functioning of the leased property at its cost and in a timely manner.
The lessee shall be liable for any damages caused to the leased property or the surrounding properties due to his fault or negligence, whether caused personally or caused by his family, dependents or associates or persons to whom he has allowed access to the leased property. However, if there were damages not attributable to the lessee and that have their origin in the building, or are arrangements made by the building for maintenance or repair; the lessee shall notify the lessor of said circumstance, and in such case, agree on the form of payment, which must be expressly indicated in writing, in a manner that does not admit any doubt.
The lessee must also respect the rules of the co-ownership regulation of the building, which must be delivered by the lessor in the shortest possible time. The lessee must send to the lessor the notice of collection of real estate contributions.
Liability of the lessor: The lessor will not be liable in any way for theft or other crimes that may occur in the leased property or for damages that may occur from fires, floods, leaks, broken pipes, effects of moisture or heat, damage to the elevator, terrorist acts, malicious or product of disorders and any fortuitous or force majeure event, the lessee cannot invoke this cause to terminate the contract unilaterally.
In case of any damage to any part of the building and that implies a deterioration of the properties of the lessor, provided that they are not due to the fact or fault of the lessee, nor to a risk created by himself/herself, the lessee must immediately notify the lessor to have it repaired.
Restitution of the property: The property is delivered in this act in the state in which it is located, which is known to the lessee, forcing himself/herself to return it in good condition, considering the deterioration caused by the legitimate use of it. The restitution must be made total by vacating the property making it available to the lessor and handing over the keys to them or whoever is present.
Residence and notifications: For all the legal effects of this contract or any disputes arising therefrom, the parties set their residence in the city of Valparaíso and submit to the jurisdiction of their ordinary courts of justice. Likewise, the parties establish as a form of irrefutable notification between them, the emails indicated in the appearance.