apartment contract translation

Mika Masuzawa, Boston University (MIKA@buphyc.bu.edu)
Sat, 25 Feb 1995 05:57:22 -0500 (EST)

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.