Date: Sat, 25 Feb 1995 05:57:22 -0500 (EST) From: "Mika Masuzawa, Boston University" <MIKA@buphyc.bu.edu> Subject: apartment contract translation To: kearns@budoe.bu.edu Hi, This is a translation of the contract for 3DK apartment unit (used for other people), to give you an idea what BU(Larry) is going to sign. Numbers such as rent is not shown here. Bill nad John has looked at the place (inside) before and they think it is nice though the building is rather old and does not look very pretty from outside (that is why this place is cheap). They could not let us in today but I will be able to take a look at inside the apartment sometime late Monday. Nakahata-san lives in this building with his family. We learned today that the owner (and the real estate agent) wants ICRR to be a co-signer. Once we get the signiture from ICRR, and with the money we can close the contract. Well there are some other problems regarding the visa status but we will find out about this on Monday.. Then I will FedEx the contract to BU for Larry to sign. At this point, I think I can leave Kamioka.. He has to FedEx the contract back to the agent and we will be all set. -Mika RENTAL AGREEMENT Articles 1) (Purpose of usage) This property is for residential use only. 2) (Rental period) The rental period is from (date) to (date). However, the lease is automatically renewed with the same terms as specified below at the end of the rental period unless: a) the tenant notifies agent at least 1 month prior to end of contract; or b) the lessor notifies the renter of rejection of renewal or of change of terms of lease at least 6 months before the end of contract. 3) (Monthly terms) Monthly rent: Deposit: Commons fee: (= 3 months equiv.) Parking: Township fee: Commission to owner: (= 1 month rent) Total (monthly): The tenant must bring rental money to the specified place, or deposit to the specified account, by the end of the previous month. Any fees pertaining to the transfer of this money are the responsibility of the tenant. 4) (Penalty for late payment) If the tenant does not pay the monthly rent in full by the date required, the lessor may charge a penalty of up to (20% of shortfall) * (# days late)/365. 5) (Deposit) Tenant will tender the deposit to lessor at time of contract. However, the deposit does not earn interest. (1) There is no item (1). (2) If the rent is increased according to the terms of article 7 (below), the lessor may increase the deposit immediately based on the increase in the rent. (3) Upon termination of this contract, the lessor will return the deposit to the tenant, normally within 15 days after the tenant has vacated the premises. If the tenant leaves owing money to the lessor, the lessor can use the deposit to repay the debt. However, during the duration of this contract, the tenant cannot insist on using the deposit to cover any debts owed by the tenant. 6) (Utilities) Tenant pays for electricity, gas, telephone, water, etc. 7) (Change of rent and fees) The lessor may change the terms in article 3 under the following conditions: increase in land price; increase in tax; increase in maintenance fee; or other fluctuation in the economy. 8) (Tenant's responsibilities) The tenant must follow all rules of the building manager. In the event that lessor thinks it necessary and advisable, the tenant must strictly follow the maintenance and usage rules. 9) (No sublets) The tenant cannot sublet the property in whole or in part to a third party (including cohabitant, or similar arrangement). 10)(Modification of unit) The tenant may not fix, modify, or make any other changes to the unit without getting the permission of the lessor. 11)(Payment of repairs) (1) The lessor is responsible for the main structure of the building, such as: foundation of the building, structural members, roof, stairs, etc. Tenant is responsible for other minor repairs (wallpaper, paper screens, reversing the tatami, resurfacing of tatami, faucet, sink, plumbing of bath and toilet). (2) Lessor is responsible for normal wear-and-tear, or structural failure. (3) Tenant is responsible for taking care of plants, weeding the lawn, clearing snow from the roof, and plowing snow. 12)(Notification of absence, inspection) Tenant must notify lessor of any absence of 15 days or more. The lessor, or building manager, may enter the premises when necessary for maintenance purposes. 13)(Damage compensation) Tenant must notify lessor immediately of any damage caused by tenant (including family, servant, visitors, and others). Lessor may demand full, immediate compensation for damage. (1) There is no item (1). (2) Neither lessor nor tenant are responsible for damage due to natural disaster, fire, theft, or other causes beyond the control of either. 14)(Expiration of contract) Should the property become unusable due to natural disaster, fire, or other cause beyond the control of lessor, the contract will naturally expire. 15)(Release of contract) Lessor may release self from contract with no notification if: (1) Tenant fails two or more times to pay rent as shown in article 3 by the due date, or tenant fails pay to utilities and fees as described in article 6 for two or more months consecutively. (2) Tenant often pays rent late, and the relationship of trust between the lessor and the tenant is thereby destroyed. (3) Tenant makes contract under false premises, including number of cohabitants, etc. (4) Tenant is a member of an anti-social group (criminal gang, or radical political activist group), and the tenant attracts police attention, or if tenant uses drugs, then lessor may be released from contract without legal procedure. (5) Tenant may be ejected for dangerous, troublesome, obscene, or other activity that is determined by the lessor to be disturbing to the neighbors. (6) Tenant violates conditions of contract. 16)(Cancellation of contract before full term) If tenant cancels contract within 6 months, tenant must pay a 1-month penalty to the lessor. 17)(Cancellation with notification) If tenant, for justified reasons, wishes to cancel contract before the specified term of residence begins, tenant must notify lessor at least 1 month in advance. In this case, the lessor may demand 1 month's rent. 18)(Vacating) When contract terminates for any reason, tenant is responsible for restoring the unit to its original condition. Tenant cannot demand money for such expenses, or for moving expenses. (1) Tenant is responsible for wear-and-tear to tatami, paper screen, wall, floor and other items based on number of years of usage. (2) Lessor may dispose at will of any items left behind by the tenant. (3) If tenant overstays the lease, tenant must pay equivalent amount in rent as damage to the lessor. 19)(Co-signor) Co-signor is responsible for tenant's responsibilities. (1) If co-signor dies, or lessor is unsatisfied with co-signor, then tenant must immediately find another co-signor which is approved by the lessor. (2) If tenant is evicted for not following the rules, the co-signor is responsible for paying any expenses and returning unit to lessor in suitable condition. 20)(Contract with corporate entity) If the tenant is a corporate entity, then tenant must get written aproval from lessor to change resident(s). Tenant (corporate entity) is responsible for making residents strictly follow the rules. At time of contract termination, corporate entity has responsibility for vacating the premises. 21)(Misc.) In the event of question of doubt over the intepretation of this contract, tenant and lessor should discuss and come to understanding. (1) Real estate agent commission is in the amount determined by the Ministry of Construction. Tenant must pay one month's rent plus parking fee at time of contract as commission. 22)(Dispute adjudication) In the event of a dispute concerning the terms of this contract, tenant and lessor agree to abide by the ruling of the Lower Court of Toyama. [Special Articles] (1) Tenant must pay one month's rent as commission to lessor at time of contract. (2) Rent is calculated on a daily basis, prorated from the start of the rental contract to beginning of next monthly period. (3) No pets. (4) Tenant must pay a cleaning fee upon vacating premises (basic fee: 20,000 yen/room, 30,000 yen/3DK). (5) Upon vacating, tenant must return keys, and any copies made of the keys. (6) Tenant is responsible for applying for utilities (electricity, water, gas, etc.) at time of contract, and for cancelling services upon vacating.