Contract

Contract

STUDENT HOUSING CONTRACT

Article 1 - Scope of this Agreement
As regards to aspects other than those detailed in this Agreement, the contractual relationship between the parties shall be subject to the Rent Act, No. 36/1994, as subsequently amended, to the student housing allocation rules as they are at the time and to the current house rules for the particular premises concerned, as well as to any further rules which the Landlord has issued or may issue for the premises concerned. The deviations in this Agreement from provisions of Act No. 36/1994 are based on the third paragraph of Article 2 of the same Act.

Article 2 - Term of the lease
This Rental Agreement is for a limited period. The lease term begins on xxx and ends on xxx
The Rental Agreement is binding for both parties until the end of this term, with the Tenant being obligated to pay the rent amount throughout the entire lease period and the Landlord obligated to rent the premises leased to the Tenant throughout the same period, provided that no reasons arise which allow the Landlord to revoke or cancel this Agreement.

Notwithstanding the above, this Rental Agreement may be renewed, such that the new agreement will become valid for the same period in the year following each particular lease period. The conditions for the Tenant to be able to renew this Rental Agreement and make a new agreement with the Landlord are that the Tenant fulfills stipulations in the Student Housing allocation rules, has paid the rent amount as due and has neither been guilty of any defaults or violations which might occasion the cancelling or revoking of this Rental Agreement nor has in any other respect failed to fulfill the Tenant's obligations in such manner or shown such behavior that the Landlord might reasonably be considered not to wish to continue renting to this Tenant. This is in accordance to legal and factual provisions of Act No. 36/1994, Article 3.  If the Tenant no longer fulfills the conditions for extended rental, the Landlord must notify the Tenant of this one month in advance, also stating the reasons. In the event of cancellation of this Agreement by the Landlord, in accordance to Article 12, the Tenant shall vacate the premises immediately after receiving notice.

Rental agreement renewal shall be carried out by means of the Tenant logging into the Student Housing website, under the address www.studentagardar.is, using a special user name and password given to the Tenant via email upon application. Next, the Tenant clicks on the tab labelled "Rental agreement renewal" and enters the information required, then selects the tab "Send the renewal application".
The Landlord shall electronically confirm reception of the application. If the Landlord accepts the application,  confirmation will be sent by email to the Tenant, thereby concluding a new agreement between the parties which is materially the same as the original rental agreement. Every provision of the original agreement shall apply to the new agreement, as applicable. Should the Tenant's application be rejected, the Landlord shall in the same way inform the Tenant of this through an email message. The Tenant must submit a request for extended rental at least three months before the original lease term ends. This also applies each time the Tenant submits a request for rental agreement renewal. The Tenant does not have priority for renting the apartment after the contracted lease has expired if he/her no longer fulfils the stipulations in the Student Housing allocation rules. This is in accordance to Article 51 of Act No. 36/1994 regarding rent.

Article 3 - The rent amount
The rental charge shall amount to:
 Rent: ISK X per month, Heat: ISK X  Housefund: ISK X Residents housefund: ISK X Electricity: X
The rental base  is linked to the consumer price index (xxx,x),(xx.xx.xxxx) for indexation, is calculated by Statistics Iceland and used as a base reference for calculating rental charge amounts. The rent charged shall thus change in direct proportion to monthly developments in this index. The monthly charge to the house fund shall change in accordance with developments in Reykjavík Energy electricity prices. Each September, the Landlord reserves the right to increase the agreed rent amount in excess of the general rise in the consumer price index. However, there must be objective reasons for this, and they must be explained to the Tenant. Should such an increase occur, it must be announced at least three months in advance.

In addition to the charges for rent and the house fund, the Tenant shall pay the Landlord a special administration fee for allocating the accommodation; this fee shall conform to the Landlord's list of fees and is currently ISK 4,000. The administration fee shall be paid both upon the original allocation of the apartment and upon each extension of this Rental Agreement, and be collected together with the first rent payment in each agreement period. 

The rental charge shall be paid monthly, due on the first day of each month. This is in accordance to Act No. 36/1994, article 33. The rental charge shall be collected electronically, with the giro forms appearing on the Tenant's home-banking website, for payment there. If the Tenant does not finish paying the rental charge until after the final due date, the Landlord is allowed to demand the highest legally permitted penalty interest, calculated from the due date until the day of payment. Also, the Tenant shall be responsible for paying any other costs resulting from the Tenant's default. 

Article 4 - Security deposit
The Landlord is permitted to require the Tenant to make a security deposit deemed valid and adequate by the Landlord for the Tenant's proper fulfillment of the Rental Agreement, including rent payments and compensation for damage to the rented premises which the Tenant would be responsible for according to general rules and applicable legal provisions.

Security deposit required (  ) Security deposit not required (   )

Type of security deposit: ________________________
Amount of the security deposit: ISK ____________________

Article 5 - Operating expenses
The cost of operating and caring for the rented premises, in other respects than those explained below, cf. also Article 8, shall be divided as provided for in Chapter V of the Rent Act, No. 36/1994, with the expenses that the Tenant is obligated to pay being collected along with rental charges.

In cases where invoices are not addressed directly from a service utility to the name of the Tenant, the Tenant shall pay a separate charge for electricity and/or hot water consumption. The Landlord shall collect such costs along with the rent, and see to paying the service utilities concerned. While the Landlord is permitted to base this collection on estimates from the service utilities, energy payments by the Tenant shall in other respects be collected in accordance with invoices from the utilities. If the Tenant uses appliances with a high energy consumption, for instance a freezer, the Landlord is allowed to collect a surcharge. 

The Tenant is obligated to perform cleaning and share in care for the common parts of the building, together with other Tenants in the building, all of which falls under provisions of the current house rules and instructions from the Student Housing property supervisor. Among other things, the Tenant is obliged to participate in general cleanups of the building and grounds. Should the Tenant not fulfill their obligations in such tasks in line with this Article, the Landlord may, in addition to further measures, have the tasks executed at the cost of the Tenant and collect this cost together with rental charges.

Article 6 – Handing over the rented premises and their condition 
In respects other than those mentioned below, the provisions in Chapter III of the Rent Act, No. 36/1994, shall apply regarding the condition of the rented premises when they are handed over.

Upon the commencement of the lease period, the Landlord shall inform the Tenant of his/her rights and duties. On the first day of the lease agreement and in keeping with Article 2, the rented premises as well as the keys to them shall be handed over to the Tenant. The Tenant should receive an inspection sheet upon receiving the keys to the premises. On this inspection sheet, the Tenant can record observations to the condition of the premises, if any. The information sheet must be handed in to Property Management within 7 days from handover of the premises. If disputes over the Tenant's compensation liability occur when the accommodation is returned, the aforementioned inspection shall serve as grounds. If either of the parties is not content with this, it may at its own cost request an inspection pursuant to Chapter XIV of the Rent Act, No. 36/1994. If the premises rented are not in the condition which is stated in the Rental Agreement or which the Tenant should have been able to expect, the Tenant shall present written comments within one week of the premises being handed over, explaining what improvements are demanded.

The Landlord is permitted to postpone the handing over of the rented premises for up to 14 days if it proves necessary to perform repairs and improvements of the premises in order to bring them into a condition suitable for renting. If handing over is postponed for five days or less, the Tenant shall not have a right to any discount from rental payments.

Article 7 - Maintenance
The Landlord shall normally keep the rented premises in a condition fit for rent, conforming entirely to the dictates of good practice in housing maintenance. The Tenant shall have no right to discounts or compensation due to losses of use resulting from maintenance work, unless such maintenance work leads to a substantial reduction in or loss of use. The Landlord shall have any repair or maintenance work executed quickly and well and in such manner that it causes the least possible disruption. If necessity requires, the Tenant shall be obligated to vacate the premises for the duration of the repair, without having any right to a discount from the rent, provided that the Tenant's loss of use lasts less than five days. Nor shall the Tenant have a right to any discount or other sort of compensation due to disturbance resulting from maintenance work on other apartments on the premises, unless this maintenance work leads to a substantial reduction in or loss of use, as assessed by a building officer, cf. Article 21 of the Rent Act, No. 36/1994. In instances where the rented premises are on a construction site, the construction activities may be accompanied by disturbance, but the Tenant shall have no right to any discount or other sort of compensation on account of this.

The Tenant shall report without delay any faults or other aspects needing adjustments or repair which were not noticeable during normal examination and/or did not appear during inspection when the premises were handed over. The same applies if faults or a need for repair, whether indoors or out, appear later in the period of the lease, regarding not only the rented premises themselves and their appurtenances but also the premises where the accommodation is located, since the Landlord is duty-bound to notify its insurance company. Should the Tenant neglect to fulfil his/her duty of notification in accordance with the foregoing, any possible claims for compensation shall be nullified, and the Tenant shall also be liable for those losses to which his/her negligence or postponement may lead.

In respects other than those mentioned above, maintenance of the rented premises, including the individual rights and duties of each of the parties to this Agreement regarding such maintenance, shall be subject to the provisions in Chapter IV of the Rent Act, No. 36/1994.

Article 8 - Use of the rented premises, Landlord access to the rented premises, etc.
The rented premises are intended solely to be the habitation of the Tenant/those Tenants mentioned in this Agreement and are to be at his/her/their responsibility for all of the lease period. It is completely prohibited to use the rented premises in any other manner than that arranged in this Agreement and stated in laws and regulations otherwise covering the contractual relationship between the parties.

The Tenant is completely prohibited from modifying or renovating the rented premises and their appurtenances. Nor is the Tenant permitted to fasten nails, screws, hooks or anything of the sort in or on the walls, window frames, doors or door openings of the rented premises. Also, the Tenant is not permitted to replace any locks on the rented premises. If the Tenant does anything that contravenes this ban, the Landlord may require the Tenant to pay the cost of returning the rented premises or the appurtenances in question to their original state. Should the Tenant feel that any interior fixtures of the rented premises need fixing, they must inform the Landlord of this, in keeping with the Tenant's duties pursuant to Article 15 of this Agreement. The Tenant is allowed to access and use the common parts of the premises, insofar as the Tenant observes the current house rules and other relevant, general rules.

Upon giving reasonable notice, the Landlord has the right to access the rented premises, and, in consultation with the Tenant, have improvements carried out on these premises, or to inspect their condition and use. During the last six months of the lease period, regardless of whether the period at issue is the period in the original rental agreement or a renewed rental agreement, cf. Article 2 of this Agreement, the Landlord is permitted to show the rented premises to prospective buyers or tenants, though never for more than two hours a day. Any such visit must be announced with at least 24 hours' notice, and the Tenant or a proxy of the Tenant must also be present. Moreover, the Landlord is permitted to tell potential tenants that they may contact the current Tenant for the purpose of inspecting the rented premises. The Tenant is obliged to ensure that this inspection can occur within two days of when it was requested.

Article 9 - Cleanliness and order
In all their treatment and use of the rented premises, the Tenant and their associates are obligated to show consideration for other residents of the premises and take care not to disrupt the other inhabitants' normal use of the premises or their peace for working or sleeping, nor to cause them discomfort or disturbance. The Tenant is at all times required to obey the current house rules for the premises, as well as other rules that the Landlord has set or may set, since such rules are part of the agreement between the parties, cf. Article 1. The Tenant is entirely prohibited from keeping pet, including dogs, cats, birds and rodents, for any time at all. In addition, smoking is completely forbidden in Student Housing, both in apartments/rooms and common parts of the building. All use of narcotics is strictly prohibited. This is in accordance to Act No. 36/1994, article 30 regarding rules of conduct. Together with other tenants, the Tenant has a right to utilize the common parts of the building and their appurtenances, including the laundry room, according to instructions in the house rules. If the Tenant and his/her family plan to be absent from the rented premises for over 10 days, the Tenant shall notify the Landlord of this.

The Tenant is obligated to make certain that the people in their household and their guests respect the rules on cleanliness and order, as well as on other points that the Tenant is required to observe. The Tenant shall compensate any loss caused to the rented premises or their appurtenances by the Tenant, their guests, members of their household or any other people whom they have allowed to use the rented premises or to be present within them.

Article 10 - Subletting
Without permission from the Landlord, the Tenant is entirely prohibited from subletting the rented premises or any part of them and from subletting their lease right, regardless of whether they are doing so for payment or not. Lending the rented premises to family/friends is also considered subletting. This is in accordance to Act 36/1994, article 44. This prohibition is even more comprehensive seeing as how the second paragraph regarding exceptions does not apply. The Tenant is not permitted to exchange or negotiate an exchange of the rented premises with any other tenant of Student Housing, unless this has been approved by the Landlord. If the Tenant wishes to move within Student Housing facilities, they must apply for a move in compliance with the Landlord's allocation rules on its website, www.studentagardar.is. Should a move occur, the Tenant must pay a special internal move fee, based on the Landlord's tariff, unless this move is into larger premises on account of the birth of a child.

Article 11 - Termination 
There are no terms of annulment on the lease agreements at Gamli Garður. The contracts are temporary.

If the Tenant no longer meets the conditions of Student Housing allocation rules or in some other regard fails to fulfil their duties according to this Agreement, the Landlord is permitted to terminate the Agreement before the end of the lease period. The Tenant is then obligated to vacate the rented premises when the notice period has expired. Termination occurs by sending a written, substantiated notification to the Tenant, at least three months in advance. In this respect, non-fulfillment may for instance mean the instances appearing in Article 12 of this Agreement. That kind of resignation is in accordance to Act 6/1994, article 58.
 
The Tenant (except those in Gamli Garður) is also allowed to terminate this Agreement and to return the rented premises before the period of the lease has run out. Such a termination shall occur through the appropriate form on the Student Housing website, www.studentagardar.is, with at least three months' notice. The Landlord may accept shorter notice in the face of special circumstances, but the notice must never be less than one month after the following turn of the month. The premises is then available for waitlisted applicants. The early release of the Tenant from the Agreement is therefore, dependent on waitlisted applicants.

Article 12 - Cancellation
In the following instances, the Landlord is permitted, by means of a written and substantiated notification, to cancel this Agreement before the lease period has expired; in such a case, the Tenant shall be obliged to vacate the rented premises at the Landlord's demand, immediately after a notification is sent:
1. The Tenant has not paid the agreed rental charge, the fee for the house fund or other payments according to this Agreement by the proper due date, and has not responded within seven days to a written appeal to pay, provided this appeal was sent after the due date and the Landlord had stated that it would utilize its permit to cancel the Agreement. 
2. The Tenant no longer fulfills stipulations in the Student Housing allocation rules.
3. The Tenant repeatedly or grossly violates the house rules currently applying to the rented premises and the building involved. 
4. The Tenant uses the premises in a different manner than law or this Rental Agreement dictate, and fails to desist from this abuse despite the Landlord's written admonishment.
5. The Tenant sublets their right to the lease in conflict with the provisions of law or of this Rental Agreement, or abuses their permission to sublet.
6. The Tenant refuses to allow the Landlord or others access to the rented premises, without a valid reason.
7. The Tenant moves out of the rented premises before the lease period is finished, without having taken measures which are necessary for the care or protection of these premises.
8. The rented premises are deteriorating while in the hands of the Tenant, due to poor treatment or a lack of care on their part or the part of those for whom they are responsible, without the Tenant's immediately heeding demands for rectification.
9. The Tenant neglects their duties, despite the Landlord's admonishment, to ensure that proper order and tidiness are maintained in the rented premises, or becomes guilty of personally slandering the Landlord or other tenants or guests on the premises.
10. The Tenant, their guests or others for whom the Tenant is responsible become guilty of consuming, processing, selling, buying or in any other way handling narcotics on the rented premises, in the grounds or in common parts of the building.
11. The Tenant otherwise neglects their obligations according to law or this Rental Agreement in such a stark manner that them vacating the premises is considered appropriate or necessary.
12. If the Tenant has given incorrect information pertaining to them that are of significance for allocation of the premises.

Article 13 - Changed conditions
This Rental Agreement shall become void if the rented premises are destroyed by fire or other causes, regardless of whether this happens before or after the Tenant has received these premises. In such cases, the Tenant shall have no right to any compensation from the Landlord, unless the destruction is the fault of the Landlord itself or the Landlord neglects to notify the Tenant of it. 

If the Tenant ceases studies during the lease period, this Agreement shall become void, and they shall thereupon be obliged to vacate these premises at the demand of the Landlord, within 30 days of when the Tenant was sent a written appeal to vacate them. The same shall apply if the Tenant becomes an owner of residential housing in the capital area during the term of the lease.

No spouse or cohabiting partner of the Tenant who is not also a student of the University of Iceland shall have any right to take over either this Agreement or an extended lease in the event of ending cohabitation with the Tenant or of their death. The spouse or cohabitating partner must in such instances vacate the rented premises as quickly as circumstances allow, in any case no later than three months after cohabitation ended or the Tenant deceased.. The clauses in the first paragraph of article 45 and the first paragraph of article 46 of Act 36/1994 do not apply to this lease.

Article 14 - End of the term of the lease
This Rental Agreement ends on the day negotiated, cf. Article 2, without any special termination or announcement from the parties to it, and the Tenant must return the rented premises by 10:00am that day. If the Rental Agreement has been renewed in accordance with the provisions of Article 2, the Agreement shall end on the day that the new period of lease ends. If the Tenant does not return the rented premises at the arranged time, the Landlord is permitted to claim compensation equal to half a month's rent, if the delay lasts for one week or less. Should there be a longer delay in returning the premises, the Tenant shall be obligated to pay the Landlord compensation equivalent to twice the rent for each day that this delay lasts, in addition to any resulting costs which might be suffered by the Landlord.


Article 15 - Condition and return of the rented premises at the end of the lease term
When the term of the lease is over, cf. the provisions of Articles 2 and 14, the Tenant must hand over the rented premises to the Landlord once more, together with any related appurtenances, in the same condition that they were in when the Tenant received them. The Tenant shall be liable to compensate completely for any deterioration or damage in the rented premises, to the extent that these are not considered a normal result of the customary or negotiated use of these premises or to the extent that these stem from occurrences which were demonstrably unrelated to the Tenant. The Tenant shall be liable to compensate completely if their treatment of the walls or ceilings in the rented premises has been such that it is necessary to repaint the walls or ceilings, in part or in full.

When the rented premises have been returned, Property management performs an inspection of the premises while taking into consideration the Tenants original inspection form in accordance to Article 6 of this Agreement. The Landlord may collect a fee without notice if the cleanliness of the returned premises is not satisfactory.

If the parties to the Agreement disagree as to the condition of the rented premises, including among other things cleaning and any loss or damage, it is permissible to call on another representative of the Landlord to resolve the question, if the parties agree to do so. If there is disagreement as to the damage or the monetary amount of compensation, an inspector may be called on, according to Chapter XIV of the Rent Act, No. 36/1994, to evaluate the loss financially or confirm the cost if a repair has already been carried out. The party to the Agreement which requests such an inspection must pay its entire cost.

If a dispute arises upon the return of the rented premises (as to damages or to the Tenants’ liability for compensation) the inspection sheet handed in by the Tenant at the start of the Agreement shall serve as grounds. The Landlord shall direct any claim for compensation to the Tenant within two months of when the rented premises were returned. Before moving, the Tenant is obligated to notify the Landlord of their new address, and notifications pursuant to this Article shall be directed there. Otherwise, the beginning of the Landlord's length of time for notifications pursuant to the above shall be postponed until the time when the Landlord obtained knowledge about the new residence of the Tenant.

Article 16 - Miscellaneous provisions
The Tenant is obligated to participate in the organisation concerning the interests of Student Housing tenants, if this organisation is active in the building concerned. Vis-a-vis the Landlord, this organisation serves to represent the general interests of tenants in the building. Among other roles, this organisation shall ensure, in consultation with the Landlord, that the special house rules set by the Landlord are followed. Every resident of the building is obliged to comply with the house rules, and they are considered part of this Agreement, cf. Article 1.

The Landlord does not hold responsibility for visible or non-visible moisture damages or flaws to e.g. furnishings, clothing, footwear etc. of the Tenant. The Tenants are responsible for their own belongings upon the choice to move in to the premises. In the event of suspected illness’ due to said circumstances, the tenant is informed of their options which may include terminating their contract.

In the event of an approved subletting of the premises by the Landlord the provision of this Agreement is valid in regards to the legal relationship between the subletting Tenant and the Landlord.

Property Management is  a special property supervisor and  acts as a contact between the Tenant and Landlord, overseeing both the condition of the rented premises and that of the building and its appurtenances. The property supervisor accepts requests from tenants for maintenance or improvements and sees to carrying them out. Furthermore, the property supervisor acts as the Landlord's representative when the rented premises are being handed over or returned. Another function of the property supervisor is to receive complaints about violations of house rules and to strive to resolve such problems. For each separate student housing building, Student Services engages a resident in charge  (garðprófastur) and/or janitor. 

When lease holders are two, they bear undivided responsibility for all obligations the Tenant has towards The Landlord in accordance with this lease agreement, including rental payments.

Tenants must familiarize themselves with the fire alarm system in their building and follow instructions in every respect. Instructions can be found in all apartments and rooms. If residents tamper the detector so that it affects the fire alarm system in the Student housing building the cost of fixing it falls entirely on the Tenant. The management of systems and repairs are exclusively in the hands of security services and the cost is according to the companys’ tariffs at any given time. The Tenant is not permitted to fixing the system in order to avoid/limit costs if the system has been tampered with differently than the instructions show.  

If the parties to this Rental Agreement disagree as to its negotiation or execution, they may apply to the Housing Complaint Committee according to Article 85 of the Rent Act, No. 36/1994, and request its opinion on the matter in dispute. However, this authorization to seek the opinion of the Housing Complaint Committee shall not detract from the parties' rights to submit their dispute to the courts. Should legal proceedings arise in relation to this Agreement, they shall be conducted in the Reykjavík District Court.

If there is a wish to register this Rental Agreement, cf. Article 12 of the Rent Act, No. 36/1994, the Tenant must assume the entire registration cost. If registration occurs, the Tenant is permitted, without any further consent by the Landlord, to revoke the Agreement when the lease term has expired. If this has not been done within seven days of the expiry of the lease term, the Landlord is permitted to revoke the Agreement with no further warning. For such a revocation, the Tenant shall be obligated to pay the Landlord a special administration fee corresponding to the Landlord's list of fees; this fee is currently ISK 5,000. 

By signing, the Tenant confirms her/his having taken note of the Rent Act, No. 36/1994, the student housing allocation rules and the house rules applying to the rented premises, cf. Article 1 of this Agreement. This Agreement has been prepared in two identically worded copies, of which each party retains its own copy. Our copy is stored for 7 years in paper form. The application is stored in the Student housing system and will not be deleted. The lessee grants Student housing permission to verify the information provided by the applicant and agrees that the information provided by the applicant, information generated in communication and in the residence as property of Student housing and that it will be stored. 

In confirmation of this Agreement, the Landlord's representative and the Tenant sign their names below, in the presence of witnesses.