Tenancy agreement - Studentsamskipnaden i Vestfold
§ 1 This agreement conserns:
Studentsamskipnaden i Vestfold(SIV) as owner and tenant:
Postal no. / place
Date of birth/Pers.nr:
§2. The tenant`s acceptance of the Tenancy Agreement
- The tenancy agreement is issued dd.mm.yyyy and have to be accepted and returned with a signed copy to SIV within the time limit stated in the housing allocation letter.
- Within the same time limit the tenant will have to have pay the first half rent within the time given.
- If the tenant fails to meet the acceptance deadline, SIV shall be entitled to let the premises to others.
- The agreement is binding if it has been signed and returned, even if no prepaid rent has been paid.
§3. Conditions for tenancy
- This tenancy agreement shall cover the tenant’s accommodation requirement during the period of the agreement.
- It is a condition for the tenancy that the tenant is a student associated with SIV (HiVe/Vestfold University College) and that the course of study registered by the tenant in the application form is the tenants main occupation during the tenancy. The tenant agrees to notify SIV immediately if this condition is no longer met. If the tenant no longer has the specified course as his/hers main occupation, the landlord may terminate the Tenancy Contract at a two (2)-months notice.
§4. The duration of the tenancy:
- The tenancy agreement applies from dd.mm.yyyy and terminates dd.mm.yyyy at 12 o’clock.
- Before the tenancy period expires the tenant must either apply for re-allocation with a new contract, or give notice that he/she will vacate the premises by the end of the agreement period.
- During the agreement period, the tenancy may be terminated by the tenant by a two (2)-months notice calculated from the 15th or the final day of the month. All tenants have to give notice to SIV, even those who wants to move out when the tenancy contracts terminates.
- You can give notice via the internet. In the notice you have to fill in your new address. The tenant shall vacate the property not later than 12 o’clock on the date for termination of the tenancy.
- If the tenant dies, both the estate agency and the landlord have the right to terminate the contract within legal deadlines according to the Norwegian residential tenancy Act § 9-10.
- The tenant agrees to pay rent in accordance with the ruling rent for the entire contract period. The rent will be adjusted in excess for issuing new tenancy agreements the 1st of July each year.
- The rent is payable no later than on the 15th each month. If due date is on a Saturday, Sunday, on a national religious holiday, on 1st or 17th May; the due date is deferred to the first succeeding workday. The tenant pays half a month rent pre-paid and half a month back-paid. The tenant is liable for paying rent for duration of the tenancy period in §4 (1), even if the tenant moves in on a later date than the start of the tenancy agreement.
- In case of late payment, a reminder fee will be charged and possibly also expenses involved in debt collection proceeding.
- The tenant agrees to pay rent from the commencement date of the tenancy. If handover has taken place before the date of tenancy commencement according to section §4 (1), the tenant shall pay rent from the date of takeover. In the case of termination of the contract by tenant or landlord, duty of payment shall continue until the end of the period of notice even if the tenant has vacated the accommodation on an earlier date.
§6. Handing over
- The accommodation will not be handed over until the first half months rent has been paid and the contract is signed by the tenant according to § 3
- If the tenancy agreement starts on a Saturday, Sunday, on a national religious holiday, or on 1th or of 17th May; tenants may have to move in the next ordinary working day. The tenant can not move into their rooms in the period from 24th of December until 1st of January, and not during the week before Easter day.
- Unless otherwise agreed, the accommodation shall be handed over no later than 14 days after the agreed commencement of tenancy. Details concerning handover are given in §4 (1). The landlord has the right to cancel the contract and give the accommodation to another prospective tenant if given regulations concerning handover are not followed. In such case, the tenant must expect to be charged with the landlord’s financial loss within a maximum of 2 months rent.
- In the case of delayed handover by the landlord, the tenant may refer to the terms of the contract § 2-9 of the Norwegian residential tenancy Act, or claim compensation for his/her direct costs, §2-12.
§7. Changing accommodation
- The tenant may apply for a change of accommodation to SIV. Such change is according to the valid rate which is to be paid within a time given. All economic obligations from previous tenancy agreements have to be settled before moving can take place. Rent will be charged for both premises for any period during which they are both available to the tenant.
- In the event of major redecorating or rehabilitation job during the agreement period, the tenant may have to move to another accommodation. The landlord shall give written notice of such transfer at minimum two (2)-months notice.
- The Student Housing department have the right to demand that the tenant shall move to another suitable accommodation when there is a valid reason for this.
§8. The conditions of the accommodation at handover
- The accommodation allocated to the tenant shall be clean and in good normal condition cf. the Norwegian residential tenancy Act § 2-2. The tenant living in housing with shared areas, have the responsibility for keeping the shared areas clean at all time. SIV can not guarantee for the cleanness in shared areas when the tenant moves in.
- Complaints concerning any deficiencies must be submitted to SIV’s housing department within reasonable time after moving in. Tenants that report deficiencies give the landlord right to access the accommodation until the damage has been corrected. Otherwise the tenant looses his/her right to get the problem solved by the landlord.
- Complaints should be submitted in writing, specifying what matter is to be rectified. In cases of fault, the tenant may demand repair, a price reduction or compensation, according to section 2 of the rent act. Compensation for indirect loss or damage cannot be made. In case of significant breach of contract, the tenant may cancel the contract.
§9. The obligations of the landlord during the tenancy
- All exterior an interior maintenance of the accommodation and the property is the responsibility of the landlord. The landlord shall ensure that the accommodation is kept in the same conditions it was in the time of handover, normal wear and tear expected.
- The landlord has the right to inspect that the shared areas are cleaned. The landlord has the right to do the cleaning after given notice to the tenants responsible for the cleanliness of the shared areas. The cost for this job will be charged the tenants.
- The landlord or party authorised by the landlord, shall ensure that peace and order are maintained.
- Deficiencies claimed by the tenant must be corrected by the landlord
according to rental act as stated in section 8. If a tenant claims for a matter to be corrected, they also agree that the landlord may inspect/ repair the deficiency as soon as possible; normally on weekdays between 08.00 and 16.00. In case of inspections/repair, the landlord shall do his best to adjust the repair time to the tenant’s preferences.
§10. The tenant`s obligations – changes to the accommodation
- The tenant agrees to treat the accommodation and the property as whole with due care and to comply with the house rules applying from time to time.
- The tenant has the responsibility for doing his/her share of cleaning the shared areas. The landlord can do the cleaning after a given notice. The cost for cleaning will be charged the tenants sharing the common rooms, cf. §9 (2).
- The tenant shall never act in a way which gives other tenants cause to feel threatened. The tenant shall show due consideration towards other residents by respecting their right to sleep and work undisturbed. If a tenant fails to comply with these regulations the landlord can terminate the tenancy agreement according to §14 (2).
- The tenant shall comply with current residential regulations at all time. The tenant is under obligation to make himself/herself acquainted with the buildings fire instructions and conform to these.
- The premises must never be used for any purpose other than accommodation. Tenants living in single rooms, is the only person allowed staying in this room.
- When circumstances dictate a need of inspection, maintenance work, repairs and refurbishment, the tenant shall accept that SIV, or someone authorised by SIV, gain access to the premises. The residential regulation will provide further details in this respect.
- Should the tenant find that there is damage that must be repaired without delay , the tenant shall report this to the landlord immediately. The tenant must also do whatever necessary to prevent financial loss for the landlord resulting from such damage, according to § 5 of the Norwegian residential tenancy Act -5. Provided that tenant is not responsible for the damage, the tenant may claim compensation for justifiable expenses incurred in addition to reasonable work performed. The tenant shall report any other damage to the accommodation office within a reasonable period.
- Should the tenant fail to report damage, the tenant may lose the right to any compensation and may be held liable for the loss suffered by the landlord.
- The tenant shall never remove cookers, heaters, refrigerators, furniture etc. from the premises without SIV’s permission, nor shall he undertake any paint work or decorating. Moreover, antennas must never be installed without SIVs prior approval.
- The tenant shall keep the building properly heated during the rental period.
- All electrical equipment connected is the tenant’s own responsibility. The tenant is responsible for trouble and damages caused by the use of personal electrical equipment.
§11. The tenant`s liability
- The tenant shall pay compensation for any damage to SIV`s property, whether it is caused by the tenant or by members of his household, a subtenant or any other person whom the tenant has granted access to the premises or any other part of SIV`s property.
- The tenant is not liable for damage and deficiencies caused by ordinary wear and tear.
- Sub-letting is not allowed without written acceptance from SIV. Such application must be submitted in writing. The sub-tenant must fulfil the same tenancy requirements as all tenants.
- Sub- tenants can not be asked or agree to pay a higher rent than what is payable by the tenant to SIV.
- The tenant is responsible for ensuring that the rent is paid on time throughout the subletting period, and the tenant is responsible for any damages caused on the landlords property according to § 13
- Applications for increasing household members must be submitted in writing. Approval may be refused if it is justified by circumstances relating to the purpose of the accommodation or the persons concerned.
- Pet`s are not allowed.
- Should the tenant have good reasons for keeping a pet, an application giving the reason for this must be sent to the landlord so that the landlord can evaluate whether the conditions for keeping pets are fulfilled, including an investigation of the result of keeping pets on the property.
- The keeping of pets is on no account allowed if this can cause any inconvenience for the landlord or for other users/tenants. Tenants shall not keep any pets before a written permission from the landlord is received. The permit may be withdrawn should inconveniences as mentioned above take place.
§14. Breach of contract- Eviction
- If the rent or other agreed supplements are not paid within fourteen(14) days after a demand has been presented, the tenant accepts eviction without any legal actions pursuant to the provisions of section § 13-2(third sub-section, litra a) of the Enforcement Act (Norway). If the tenant fails to vacant the premises when the tenancy period expires, eviction may similarly take place without legal action pursuant to provisions of Section 13-2(third sub-section, libra b)
- If the tenant otherwise in material breach of the tenancy contract, the tenancy contract may be cancelled according to section 9-9 of the Norwegian residential tenancy Act. The following situations are regarded as material breach of the contract:
Should the tenant fail to vacant the accommodations voluntarily, tenant may be subject to forced eviction from the accommodation pursuant to the provision of section 13-2, third sub-section, litra d, of the Enforcement act.
- tenant is in material default of payment of rent or fulfilment of other claims arising from the tenancy contract,
- the tenant, despite written notice from the landlord, materially defaults in his/her duty of maintenance or continues to act in a manner that causes serious loss or inconvenience to the landlord or other tenants,
- the tenant wholly or partly allows others to use the building without having the right to do so, and fails to rectify the situation despite written notice from the landlord,
- the tenant without having the right to do so uses the accommodations in a different manner or for other purposes than agreed and fail to rectify the situation despite written notice from the landlord,
- The tenant is in other way in default of his/her commitments in a manner that makes it necessary to terminate the tenancy.
Tenants who move after an eviction or by demand of the landlord due to breach of agreement shall pay rent for the remaining period of the agreement after deduction of any sums the landlord may receive from the re-letting of the accommodation. The tenant is also responsible for all expenses in connection with the eviction, e.g. legal action, cleaning etc.
§15. The landlord’s breach of contract
- A tenant who in accordance with § 2 of the tenancy agreement has accepted the tenancy agreement with SIV, which on the first day of the tenancy period has yet to receive a permanent or temporary accommodation allocation, is entitled to submit his/her claim to SIV for similar alternative accommodation.
- SIV shall rectify deficiencies or defects specified by the tenant in his/her status declaration without undue delay.
- If the deficiency is caused by ongoing maintenance work, or if there is another good reason for the deficiency, SIV may correct the deficiency on a temporary basis, even of this results in a poorer but acceptable solution for the tenant than his/her contractual agreements.
- If SIV fails to meet the tenant’s request for improvements, or if the deficiency cannot be rectified or repaired as mentioned above, the tenant is entitled to terminate the agreement unless the deficiency must be considered insignificant.
- For any period during which the accommodation suffers from deficiencies which cannot be considered insignificant, and claim has been sent to SIV’s housing department, the tenant is at liberty to claim a proportionate rent reduction or compensation. If the tenant’s demand for a rent reduction or compensation fails to be approved, the tenant may appeal to the Accommodation office. The appeal should be addressed to the student accommodation office, no later than six(6) days after the tenant has received the refusal.
§16. Moving out of the accommodation.
- When the tenancy period expires, the tenant shall clean the accommodation and hand it back to SIV with all fixtures in the same conditions they were when the tenant moved in(with due allowance made for ordinary wear and tear and defects for which SIV are responsible).
- The tenant shall contact the housekeeper at least five (5) days before vacating the premises to agree a time for inspection of the room/apartment. The inspection will be done on weekdays between 07:00 and 17:00. For tenants at Mølla the check-out days are 1. or 15. from 0800 to 10.00 or the afternoon before from 16:00 to 17:00. If moving out date is on a weekend or public holiday the inspection will be moved to the same check-out time the day before.
- On the day of moving out, the tenant shall leave the premises and hand in their keys to SIV before 12.00. If the keys are handed in after this time, the tenant will be charged rent until the time the keys have been handed in.
- If the housekeeper finds faults with cleaning/tidying, the tenant may opt to rectify the deficiencies personally if it can be done before 12.00.
- Deficiencies which the tenant has failed to rectify may be rectified by SIV at the tenant’s expenses. SIV shall submit their charge for any such repairs no later than 1 month after the tenant has moved out.
- If the accommodation is in poorer condition than agreed when vacating the premises, and the tenant has failed to inform the landlord if the damage was already there when moving in, the tenant is responsible for damage that has to be fixed by the landlord cf. § 10 (7) of the rent Act. This also applies if the tenant fails to document that he/she is not responsible for the damage cf. §11 (1), and that the damage is not caused by ordinary wear and tear.When the tenant vacates the premises, he/she has a duty to remove all personal property. If items assumed to be the property of the tenant or a member of his/her household are found on the premises after the tenant has moved out, SIV shall retain such items at the tenant’s expense. However, items which are considered rubbish may nevertheless be thrown away immediately. SIV is entitled to claim payment for all work and expenses in relation to moving/disposal of personal belongings this cf. to §10-3, 2 of the Norwegian residential tenancy Act.
- In units where electricity is not included the tenant is obliged to maintain their current subscription and pay electricity until the end date of the tenancy agreement. SIV notifies the network owner (Skagerak) to terminate current subscription.
§17. Legal venue
- The parties accept the property’s jurisdictions as legal venue in any disputes arising from the tenancy.
§18. Relationship with the Residential Tenancy Act.
- This agreement covers the letting of residential premises to people with a temporary special need for accommodation, cf. S. 11-2 of the Norwegian Residential Tenancy Act.
- The provisions of s. 11-2 of the Norwegian Residential tenancy Act. Accord fewer rights to the tenant if she/he was renting any other type of accommodation. Provided no further agreement has been made, the residential tenancy Act of 26.03.1999 nr. 17 will apply for the tenancy.
The undersigned and the landlord is familiar with and accepts all the provisions set out in this Agreement, general information, the housing rules, and the obligation to pay the current rent at all times (attached to the contract or to be found at www.sivbolig.no ).
Both copies of the tenancy agreement should be returned to SIV. The tenant will receive a written copy when picking up the key.
Studentsamskipnaden i Vestfold
Studentsamskipnaden i Vestfold
Raveien 201, 3184 Borre
Phone: 3303 7900 / 3303 1230
E-mail: firstname.lastname@example.org / email@example.com