LEASE AGREEMENT
THIS AGREEMENT is made on this 1st day of May 2011 at Bangkok Metropolis, Thailand, between: Ms. Visanee Vacharawongchai resideing at 529 Ratchadanivej Soi 9, Samsen Nork, Haui Khang, Bangkok 10320 (hereinafter referred to as “The Lessor”) of the one part; and Mr. Gerhard Kager (hereinafter referred to as “The Lessee”) of the other part.
WHEREAS the Lessor owns_Bangkok Villa 328/12 Ladprao 84, Ekamai-Ramindra Road, Wangthonglang, Wangthonglang Bangkok 10310. The said address shall hereinafter be referred to as “The Premises”.
A. THE LESSOR AND THE LESSEE HEREBY AGREE AS FOLLOWS:
(1) The Lessor agree to let the Premises to the Lessee, and the Lessee agrees to reny the Premises including furniture and electrical appliances from the Lessor under the terms and conditions hereof.
(2) The term of this Agreement is 11 (Eleyen months commencing from 1st of August 2011 and expiring on the 30th of June 2012.
(3) The rent shall he Baht: 52,000.-(Baht: Fifty Two Thousand Only) per month payable 1 (one) month in advance. The said rental shall be payable within 5th (fifth) day of each calendar month through Kasikorn Bank, Robinson Ratchada Branch, Saving account no.766-2-13841-4 Account name: Visinee Vacharawongchai
In case the Lessee fails to make timely payment of any amount due hereunder, the Lessee agree to pay to the Lessor a penalty at 500 baht per day from the date of such failure to the date full payment is made.
(4) Upon the execution of this Agreement, the Lessee deposits a cash deposit equivalent to the rental for 2 (two) month with the Lessor Baht: 104,000.-(Baht: One Hundred and Four Thousand Only ) hereinafter referred to as “The Security Deposit”.
The Security Deposit shall be returned to the Lessee or his designate without interest when this agreement will be terminated, subject to the Lessee hand over the Premises in good and tenantable clean condition and the Lessee has settled all his bills (a.g. electricity, water supply, telephone bills). However, should any damage other than normal wear and tear is caused by the Lessee, his family, guests, pets or servants to the Premises, the Lessor shall be entitled to deduct from the Security Deposit a reasonable amount for the repair thereof depending on the extent of the damage incurred. The Security Deposit shall not be regarded as advance payment on the rent payable to the Lessor.
(5) In the event that the Lessee would like to terminate this Agreement and leave the Premises before the end of its term, the Lessor shall have the right to charge a penalty equivalent to 100 per cent of the Security Deposit. In this case, the Lessor should pay the remaining balance of prepaid rental.
(6) In the event that the Lessee is transferred or relocated from Thailand to another country or is required to leave the Kingdom of Thailand due to unforeseen circumstances beyond his control, while this agreement by giving a 30 (Thirty) days advance notice in writing to the Lessor.
(7) The Lessee shall have an option to renew this Agreement for any additional period up to 12 (twelve) months under new rental, terms and conditions to be mutually agreed by both parties. Such option shall be exercised by sending notice in writing to the Lessor not less than 60 (sixty) days prior to the expiration of the term of this Agreement.
B. THE LESSEE AGREES AS FOLLOWS :
(1) To keep all floors, floor covering, walls, ceilings, windows, doors, furniture, domestic appliances, and all fixtures and fittings in or on the Premises in the same condition but allowing for the normal wear and tear for the use during the term of this Agreement.
(2) To use the Premises for dwelling purpose only.
(3) To pay rent punctually together with charges for all services, electricity, water supply, telephone bills at the Premises during the tenure of this Agreement.
(4)Subject to reasonable prior notification, to permit the Lessor or his agent upon the Premises for purpose of inspection at all reasonable times during daylight hours and, in the event that the Lessee dose not exercise the option to renew this Agreement, to permit, during 60 (sixty) days before the expiration of this Agreement, the Lessor or his agent to show the Premises to prospective tenants at reasonable times, provided that prior arrangements are made with the Lessee.
(5) Not to make any alterations or additions to the Premises without prior consent in writing of the Lessor. Any and all major alterations or additions made by the Lessee to the Premises with or without consent of the Lessor shall become the property of the Lessor.
And if the Lessee dose so without such consent, he must, upon the request to be made of the Lessor, restore the Premises to its former condition, and he is liable to the Lessor for any loss or damages that may result from such alteration or addition.
Any fixtures permanently installed by the Lessee shall be at his own expenses and if not removed at the end of the Agreement term, shall become the property of the Lessor.
All movable furniture and all other properties brought into the Premises brought into the Premises by the Lessee and/or his family shall at all time be the properties of the Lessee and could be moved out at any time.
(6) Not to assign or sublet the Premises, furniture & electrical or any part hereof without prior written consent of the Lessor.
(7) Not to do or permit to be done on the Premises anything which may be a nuisance or interference with the quiet enjoyment of the neighboring premises by their occupants.
(8)To notify the Lessor or his representative of any damages or defect at the Premises, furniture & electrical appliances within 7 (seven) days of the occurrence of such damage or defect.
(9) To make no damage to the Premises, furniture & electrical appliances caused by the negligence or misconduct of the Lessee, the family, guests, or servants.
(10) To take care of and maintain the Premises, furniture & electrical appliances as a prudent person would do to his or her own and to maintain the upkeep and also attend to minor repairs, which cost lower than Baht: 1,000.- (Baht: One Thousand Only ) per item per occasion.
(11) At the end of the tenancy, to return all the keys of the Premises to the Lessor. The Lessee has been given (2) keys to the Premises and ( ) keycards. The Lessee hereby acknowledges receipt of the keys.
If the Lessee loss any of the keys, the Lessee will be charged the actual cost of making new keys.
(12) Not to keep any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises.
(13) To handover the Premises, furniture & electrical appliances in thoroughly clean condition on the expiry date of the Lease Agreement.
(14) To keep on pets.
C. THE LESSOR AGREES AS FOLLOWS:
(1) The Lessor warrants and guarantees that he has the unrestricted right to let the Premises, furniture & electrical appliances to the Lessee.
(2) That the Lessee, duty paying the rent, observing and performing all covenants herein contained, shall peacefully hold and enjoy the Premises during the tenure of this Agreement and any extension hereof, without any interruption or impediment whatsoever by the Lessor or his agent.
(3) To keep all utilities at the Premises, including all plumbing and electrical equipment, in good repair and working order.
(4) To repair and/or cause to be repaired any major damage and/or any defects, which cost higher than Baht: 1,000.- (Baht: One Thousand Only ) per item per occasion upon being notified by the Lessee, as soon as possible, but not longer than 7 (seven) working days.
(5) To clean, repair and maintain all air-conditioning installed at the Premises to be in good order and property functional.
(6) The Lessor shall be responsible for the insurance of the house.
(7) The management fee which includes swimming pool, Gym, garbage service and service of the “public areas” will be provided and paid by the Lessor.
D. IT IS EXPRESSLY AGREED AND DECLARED BETWEEN THE LESSOR AND THE LESSEE AS FOLLOWS:
(1) If any party breaches any material terms of this Agreement, the non-breaching party shall notify the breaching party in writing to rectify such breach within 30 (thirty) days, and if the breaching party fails to comply within such period, the non- breaching party may terminate the Agreement.
(2) This Agreement shall be governed by Thai Laws.
This Agreement is made in duplicate with identical wording which both parties have read and fully understood its contents, and agree to comply with its terms and conditions. Therefore, in witness hereof, both parties have hereunder affixed their signatures in the presence of witnesses on the date and at the place first above written.
…………………………………………………….The Lessor …………………………………………………….The Lessor
(Miss Visanee Vacharawongchai) (Miss ………………………………………….)
……………………………………………………. Witness …………………………………………………….Witness
(Miss ………………………………………….) (Miss ………………………………………….)