Please review the following Lease Agreement.
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For Service Apartment House “Elite innYushima/Executive”
Clause 1 Application of this agreement
- The agreement and related contracts this service apartment house (hereinafter called the Service Apartment House) concludes, shall be in accordance with this agreement; matters which are not dealt with in this agreement shall be in accordance with Japanese laws and regulations, and common practices.
- The Service Apartment House may accommodate special provisions, regardless of the previous sub-clause, as far as they do not contradict the purport of this agreement, statutory rules or regulations, or common practices.
Clause 2 Refusal of acceptance an agreement
This Service Apartment House may reject the conclusion of an agreement in the following cases. When the Service Apartment House has canceled an agreement on the basis of the sub-clauses listed below, it will refund fees for services which the lessee has yet to receive.
- When the application for a lease is not in accordance with this agreement;
- When the Service Apartment House is fully occupied and has no extra space for renting;
- When the Service Apartment House has sufficient ground to believe that the natural or legal person may commit action which is against provisions of statutory rules or regulations, or against the public policy or morals;
- When it is readily recognizable that the person who intends to conclude an agreement is infected with a legally-designated infectious disease;
- When the Service Apartment House is requested to shoulder a special burden in relation to an agreement;
- When the Service Apartment House has sufficient ground to believe that the person who intends to conclude an agreement will cause inconvenience to other residents, by shouting, issuing noise or drunkenness, or when such a person has actually caused a serious nuisance to a party to an agreement or another resident;
- When the person who intends to concludes an agreement, smokes in bed, damages firefighting equipment, or interior fixtures or fittings, by mischief, or otherwise commits prohibited actions under the tenancy rules;
- When the Service Apartment House becomes unusable owing to inevitable causes, such as the failure of the relevant facilities resulting from an act of God, fire, etc.; or
- When an applicant has made a false declaration in the notice specified in Clause 3, which follows.
Clause 3 Notice of the full name of a natural or legal person and other information
When making an application for a lease agreement (hereinafter called application for an agreement) prior to the day of concluding the agreement, the applicant shall clarify the following matters:
- If the party to the agreement is a legal person, the nationality and the location of the head office of the party, the name of the person in charge, and his telephone number;
- If the person is a natural person, his/her sex, nationality, occupation, passport number and contact information; and
- Other items the Service Apartment House considers necessary.
Clause 4 Confirmation of a reservation
The reservation of the Service Apartment House shall be considered confirmed when the credit card information of the customer is provided or the total amount corresponding to the rent for the period agreed upon is transferred to the relevant bank account. A reservation may be made up to 60 days prior to the day the customer hopes to move in.
Clause 5 Cancellation of a reservation-No. 1
If an applicant for a reservation of the lease of a service apartment, has cancelled his/her reservation, totally or partially, the applicant shall make a penalty payment according to the provisions of “Clause 14: Cancelling charges”.
Clause 6 Cancellation of a reservation-No. 2
This Service Apartment House may cancel a reservation in the cases listed below unless otherwise specified.
When the Service Apartment House has cancelled a reservation in accordance with such sub-clauses, it will refund rent, if already collected, for the period of the agreement.
- When such a situation has arisen as may fall into one of the items listed in Sub-clauses 3 to 9, Clause 2;
- When Clause 3 is not fulfilled; or
- When the payment of rent for the period agreed upon, as specified in Clause 4, is not made.
Clause 7 Registration of a resident (closing of a lease agreement)
The resident is required to register the following items at the front desk of the Service Apartment House on the day he/she has moved in; this registration will complete the conclusion of the lease agreement. The stay of persons other than those registered is not allowed.
- Resident’s full name, age, sex, address and occupation;
- In the case of a foreigner, his/her nationality, passport number, place of entry and date of entry;
- In the case of a lease agreement as a legal person, its trade name, person in charge and contact information; and
- Other items the Service Apartment House considers necessary.
Clause 8 Payment of rent
The Service Apartment House will request a resident to pay a specified amount of money in accordance with its advance payment policy.
For a resident with an agreement for a period of one month or over, an amount equivalent to rent for one month to be paid every month.
Clause 9 Payment of miscellaneous charges (telephone, laundry, other services)
In the case of an agreement for a period of longer than one month, settlement to be made every month.
Clause 10 Check-out/check-in times
The check-out and check-in times of the Service Apartment House are 11:00 a.m. and 3:00 p.m., respectively.
Clause 11 Observance of tenancy rules
The resident shall observe, inside the Service Apartment House, the tenancy rules established by the Service Apartment House.
Clause 12 Refusal of the continuation of a lease agreement
The Service Apartment House may refuse, in the following cases, the continuation of a lease agreement even during the currency of a period agreed upon:
- When such a situation has arisen as may fall into one of those items listed in Sub-clauses 3 to 9, Clause 2; or
- When the resident has not observed the tenancy rules specified in the previous clause.
Clause 13 Commencement and end of the use of a service apartment
- The use of a service apartment commences when a tenant makes his/her registration for its use at the front desk of the Service Apartment House or he/she actually enters the apartment, whichever the earlier, and ends when the tenant has moved out of it.
- When the Service Apartment House falls into a situation where it is unable to provide its apartments for use by residents, for causes for which it is responsible, it will help its residents find other apartments equivalent or similar to theirs. However, in such a case, a resident or a party to an agreement may not make a claim for damages at all.
Clause 14 Canceling charges
- When a reservation is cancelled 7 days prior to the expected date of moving-in, 30% of the rent for the period agreed upon;
- When a reservation is cancelled between six days and two days prior to the expected date of moving-in, 50% of the rent for the period agreed upon; and
- When a reservation is cancelled one day prior to the expected date of moving-in or just on the day, 100% of the rent for the period agreed upon.