SHARE HOUSE AGREEMENT
THIS IS NOT A RESIDENTIAL TENANCY AGREEMENT
YOU NEVER GAIN EXCLUSIVE USE OR QUIET POSSESSION OF THE PROPERTY
This is an agreement, hereafter referred to as The Lease, to sublet a room or a place in a share-room. The Lessor agrees to sublet the space and the Lessee agrees to rent it in accordance with the conditions described below. Both parties agree to abide by these conditions.
1. Security Payment
Is an amount equal to two weeks rent and must be lodged prior to moving in.
Cannot be set off against any penalties or rent.
Is retained as a guarantee by the Lessee to abide by the conditions of The Lease and is returned to The Lessee at the end of The Lease, subject to the terms of The Lease.
Is available to the Lessor to apply against any outstanding amounts owed, including but not limited to damage costs and/or penalties incurred under The Lease by the Lessee.
If the Lessee accidentally or otherwise causes any amount of damage and/or loss to the property of the Lessor or other Lessees which exceeds the value of the Security Bond, then the Lessee agrees to be liable for and pay the outstanding amount required to expunge all costs associated with said damage and or loss.
2. Length of stay
The minimum stay is three months and the Lessee acknowledges they will forfeit the Security Bond if for ANY REASON they terminate The Lease prior to the completion of the minimum three month stay, unless the Lessee has nominated a replacement Lessee who has entered into a new lease agreement with The Lessor for a minimum stay of three months by the new Lessee.
To be eligible for a full refund of the Security Bond when vacated, the Lessee must have stayed for a minimum of three months and have caused no damage or loss. The security bond will be paid two weeks after leaving directly into the lessees account.
Upon vacating the premise, the Lessee is required to leave the bedroom clean and tidy, with all personal belongs removed, otherwise a penalty fee of $50.00 will apply.
The Lessor is required to give a minimum of two weeks’ notice to the Lessee to vacate the premises and in the event of him/her doing so, rent must continue to be paid by the Lessee up to and including the termination date. If the Lessee vacates prior to this date, he or she is still required to pay for the full two weeks accommodation.
3. Rent increases
The Lessee agrees that the rent may be increased at any time with one month’s written notice, providing that the rate of the increase is fair and reasonable.
4. Rent payments
The Lessee agrees to pay to the Lessor the agreed amount weekly every Wednesday in advance by electronic transfer of funds or by direct deposit into the Lessor’s nominated bank account, the details of which are Commonwealth Bank;
ACCOUNT NAME: HAUSH PTY LTD
BSB: 062 271
ACCOUNT NUMBER: 1036 9040
REFERENCE: HAUSH NUMBER, STREET NAME (EXAMPLE: Haush290Bondi)
Is understood by the Lessee that rent must always be paid on or before the due date and that the Lessee will incur a penalty fee of $30.00 for each week a rent instalment is overdue, irrespective of reasons given for the delay.
5. Duty of Care by the Lessee
The Lessee agrees to keep the premises, and all is furniture, decorations and appliances in good condition as they were at the beginning of the term. The Lessee is not allowed to add any further furniture, decorations or appliances. The Lessee is not allowed to rearrange the furniture. The Lessee will be liable to the Lessor for any loss or damages occurring to the premises and its contents, whether caused by themselves or by their guests.
The Lessee Agrees to pay costs to the Lessor for any furniture, decorations or appliances which are lost or damaged by them or by their guests. The Lessee agrees that the cost of damage will be shared amongst all tenants whenever no individual tenants claim responsibility for the loss or damage. All damages or loss must be reported as soon as possible, and reparation must be made by way of cash directly to the Lessor.
All Lessees must follow the displayed cleaning schedule. The Lessee agrees these tasks are important OBLIGATIONS and that the Lessor has the right to apply a penalty fee of $50.00 to each failure by the Lessee to perform them. The Lessee will be required to share the costs with all fellow tenants of any professional cleaning should the lessor decide this has become necessary as a result of tenant neglect.
The common areas, including the kitchen, living room, bathroom and balcony, MUST always be kept clean and organised for use. The Lessee must leave their personal belongings in their room and must not leave personal belongings in common areas.
The Lessee must clean areas used in the kitchen as well as wash up and put away anything used in the kitchen immediately after use of the kitchen. This keeps everything clean for the next person to use. The Lessor is entitled to apply a $50.00 penalty to the Lessee for not following this procedure.
6. House Rules
Should the Lessee be in breach of any of the house rules and the Lease agreement the Lessor is entitled at his own discretion to terminate the Lessees stay either immediately, within 24 hours, or within two weeks, as the Lessor deems appropriate, with forfeiture of the security bond by the Lessee and without the Lessor owing any compensation to the Lessee.
After 10pm and before 8am the Lessee must keep the volume down, not make noise or disturb the neighbours and fellow tenants. At all times of the day and night the Lessee must respect the rights of the neighbours and fellow tenants to the peaceful enjoyment of their homes. The Lessee or their guests and visitors are not to cause a nuisance or annoyance to neighbours or fellow tenants.
Strictly no parties or functions or gatherings, formal or informal, organized or impromptu, of any kind are to be held without the Lessor’s written consent.
Smoking on the premises is not allowed. The Lessee must ensure any guest or visitor does not smoke on the premises.
The Lessee is provided with a personal key to the premises. In the event the key is lost, then the Lessor must make another copy or pay the Lessor $10.00 for each replacement key.
The Lessee understands that bedroom doors do not have keys or locks. The Lessee understands they should close and lock front and back doors and windows each time they leave the premises.
8. Inspections and repairs
Reasonable notice of any inspection or repair on the premises will be provided to the Lessee by SMS or by phone call, along with any instructions for procedures required to the Lessee in preparation for the inspection or repairs.
By giving notice, the Lessor or those authorized by him are permitted to enter the premise and carry out repairs or an inspection between 7:00am and 10:00pm from Monday to Sunday.
9. Precautions Lessee should take with strangers
The Lessee will always be informed by the Lessor or his agent as to who, when and why someone with the consent of the Lessor will be on the premises.
The Lessor will inform the Lessee by SMS/WhatsApp whenever a new flatmate is due to start a stay.
The Lessee agrees never to admit an unknown person to the premises unless the Lessee has been informed by the Lessor via SMS/WhatsApp that the person is authorised to enter. The Lessee is not to admit an unknown person to the premises even if that person claims to have a legitimate reason to be on the premises or claims to be a legitimate person such as the owner, property manager, plumber, electrician, handyman or neighbour.
The Lessee is not permitted or authorized to answer for any matter relating to the premises.
The Lessee agrees to contact the Lessor immediately should any problem occur with the premises or with any person or people on the premises.
10. Furnished Items
Furnished items include: single bed, single mattress, fridge, washing machine, microwave, toaster, kettle, lounge and dining table.
11. Linen and towels
The Lessee must provide their own (bedding sheets, pillows, donnas, blankets) and towels.
The Lessee must not sleep directly on the mattress. A sheet must always be property fitted to the mattress before the Lessee uses it.
12. Utilities Consumption
Electricity, gas, water and unlimited wireless internet are included in the rental amount.
If the combined monthly amount of the electricity and gas consumed exceeds $200 then the cost of the excess consumption is to be shared by the Lessee and his or her flatmates.
13. The Lease
This Lease incorporates the Lessor and lessee. The Lessee agrees to assume and perform all obligations and responsibilities during the lease and Lessor undertakes to provide and fulfil all that was offered in this lease.
This lease constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties (any oral representations made at the time of executing this lease, are not legally valid and therefore, are not binding upon either party).
In the event of any legal action concerning this lease, the losing party shall pay to the prevailing party, reasonable legal fees and any court costs fixed by the court wherein such judgment shall be entered.
Acceptance is implied by the act of paying the security payment to secure the room/bed.