房屋租赁契约范本(英汉对照).doc

Model Tenancy Agreement 房屋租赁契约范本 This Tenancy Agreement (the “Agreement”) is made on the_day of_by and between_(the “Landlord”) and_(the “Tenant”). 立契约书人：出租人_（以下简称为甲方） 承租人_（以下简称为乙方）立契约日 :_年_月_日WHEREAS, the Tenant intends to lease from the Landlord the “Premises” (defined herein below) and the Landlord agrees to lease to the Tenant the “Premises” in accordance and under the terms and conditions set forth herein. NOW, THEREFORE, the parties hereby agree as follows:兹因房屋租赁事件，双方合意订立本契约，约款如左：-1.Premises; Use of the Premises第一条：租赁标的所在地、使用范围及使用目的 The leasing premises (the “Premises”) are located at_ , comprising of_whole area/_room(s)/_suite(s), and the total area of the Premises are_pings (1 ping equals 36 square feet).房屋座落：_县（市）_市（乡、镇、区）_里_邻_路（街）_段_巷_弄_ 号_ 楼使用范围：上述房屋全部房间间套房 间总坪数 :_ 坪 The Premises shall be used for residential/business/other (please specify) purposes.使用目的：住家营业其他（_）2. Term of the Agreement第二条：租赁期间 Unless earlier terminated under other provisions of this Agreement, the Agreement shall have a term of_year(s) _ month(s), commencing on_and expiring on_(the “Term”).自民国_年_月_日起至民国_年_月_日止，计_年_月。 3. Rentals and Deposit第三条：租金及押租金 (1) During the Term, the Tenant shall pay monthly rentals (the ”Rental”) to the Landlord for the Premises. The Rental for the Term shall be NT$_per month. The Rental shall be due and payable on the_day of each calendar month during the Term.租金每月新台币（以下同）_元整。乙方应于每月_日前给付甲方。 (2) On the signing of this Agreement, the Tenant shall pay the Landlord a guarantee deposit (the “Deposit”) in an amount of NT$_ .押租金_元整。乙方应于签订本约之同时给付甲方。(3) Upon the expiry or termination of this Agreement, the Landlord shall refund to the Tenant the amount of the Deposit without interest.甲方应于乙方返还房屋时无息退还乙方。4. Tax and Charges第四条：税费 （1）All Republic of China taxes in respect of the Premises, including, without limitation, the housing tax and land tax, shall be the responsibilities of the Landlord.本租赁物应纳之一切税费，如房屋税、地价税等，皆由甲方自行负担。（2）Charges for electricity, water, and such other additional supplies of the Premises provided to the Tenant during the Term shall be the responsibilities of the Tenant.租赁期间因使用本租赁物所产生之电费自来水费除另有约定外，应由乙方负担。5. Sublease第五条：转租 The Tenant shall not assign, transfer, or sublease any of his rights to or interest in or obligations under this Agreement without the prior written approval of the Landlord.未经甲方之同意，乙方不得将租赁权转让与第三人，亦不得将房屋转租与第三人。 6. Repair and Improvement第六条：修缮及改装 （1）The repair or maintenance of the Premises arising from ordinary wear and tear shall be the responsibility of the Landlord.房屋因自然使用所产生之耗损而有修缮之必要时，应由甲方负责修缮，不得拖延。（2）Unless otherwise approved by the Landlord in advance, no improvement or construction of the Premises shall be made by the Tenant. Any improvement or construction of the premises made by the Tenant shall in no event damage the structure of the building.乙方如有改装设施之必要，应取得甲方之同意，但不得损害原有建筑结构之安全。7. Restrictions on Use第七条：房屋之使用 No storage of any goods, illegal substances, explosives, flammable materials or dangerous articles is allowed. In the event of violation by or attribute to the Tenant of the restrictions set forth hereof or by any applicable laws of the Republic of China, the Tenant shall be solely and exclusively responsible for and answerable to all charges, liabilities and penalties for such violation, and shall hold the Landlord free and harmless from and indemnify and defend the landlord against any and all claims, liabilities and damages of the landlord arising from such violation. The Tenant shall fully comply with and abide by his obligations hereof and the requirements of all applicable Republic of China laws, as well as the provisions or regulations of the building where the Premises are located.乙方不得将房屋供非法使用或存放危险物品，影响公共安全，若造成甲方之损害，愿负一切责任。如租赁物所在地之公寓大厦住户间就房屋及相关设施之使用有规约或其他决议者，乙方亦应遵守之。 8. Termination第八条：违约之效果 In the event of the Tenants breach of any of his obligations under this Agreement, including, without limitation, the Tenants failure to pay Rentals for two calendar months during the Term, the landlord may by seven (7) days prior written notice terminate this Agreement, effective the last day of the calendar month in which such notice is given. Upon such termination or the Tenants failure to re-convey the Premises upon the expiry of the Term, the Tenant shall pay the Landlord the proportion of the Rental due and payable as of the date of the termination as well as an amount equal to the sum of two months Rentals to compensate the Landlords loss and damage arising from such termination and as a penalty payment for such termination or breach.乙方积欠租金达两个月以上，经甲方催告限期缴纳仍不支付时，甲方得终止本租约。乙方于终止租约经甲方定七日以上催告搬迁或租期届满已经甲方表示不再续约，而仍不交还房屋，自终止租约或租赁期满之翌日起，乙方应给付甲方按房租比例所积欠之租金以及按房租贰倍计算之违约金。 9. Reconveyance of the Premises第九条：租赁物之返还 Upon expiry or termination for whatever reason of this Agreement, the Tenant shall at his cost without delay vacate the Premises, re-convey the Premises to the landlord in the condition which the Premises were first conveyed to the tenant upon commencement of this Agreement, ordinary wear and tear and improvements agreed by the Landlord during the Term excepted.租赁关系消灭时，乙方应即日将租赁房屋回复原状迁空返还甲方，不得拖延。如租赁房屋之改装系经甲方之同意者，乙方以现状迁空返还。10. Jurisdiction第十条：管辖法院 Any and all disputes arising from this Agreement shall be finally adjudicated upon by the District Court and appellate courts thereof in the Republic of China.如因本约所生纷争，双方同意以台湾 地方法院为管辖法院。 11. Governing Law第十一条：诚信原则 This Agreement is governed by and shall be construed in all respects in accordance with the laws of Republic of China.本约如有未尽事宜，双方应本诚实信用原则，依民法等相关法令办理。 12. Notice第十二条：送达及不能送达之处置 All notices and other communications to be given by a party hereto to the other party shall be in writing, delivered by registered mail to the addresses specified below. A notice shall be deemed received by his addressee on the day which it is sent by registered mail in case of a change of address without prior notice(s).出租人与承租人双方相互间之通知，应以本契约所载之地址为准，其后如有变更未经书面告知他方，致无法送达或拒收者，以邮局第一次投递之日期为合法送达之日期。 13. Miscellaneous (i. e. other terms and conditions agreed by the parties)第十三条：特别约定事项：（双方得自行议订之特别条款） (1) The Tenant may terminate this Agreement before the expiry of the Term by written notice to this effect to the Landlord at least thirty (30) days before the date stated in such notice to be the date on which such termination takes effect; provided that the Tenant shall pay to the Landlord an amount equal to the sum of _ months Rentals to compensate the Landlords loss and damage arising from such termination.乙方得提前终止本约，但应于壹个月前通知甲方，并应另行给付甲方相当于 个月之租金金额。(2)(3) IN WITNESS WHEREOF, the parties have THIS AGREEMENT executed on the date and year first above written.恐口说无凭特立本契约书一式贰份 This agreement is made and entered into by and betweenLessor: Lee, Po - Hu (hereinafter called Party A)Lessee: SINA. Com OnlineLegal representative: Chiang, Fong-Nien (hereinafter called Party B)Whereas, in consideration of the mutual covenants herein contained for lease andof each act done hereunder by the parties hereto, it is mutually agreed asfollows:I. Location of real asset: Location and rental area by Party B from Party A: 3F, No. 29, An Ho Rd., Sec. 1, Ta An District, Taipei City, No. of construction: 4575, with area of 216.14 Pings, included two parking spaces in the basement.II. Term of Lease (a) The term of this LEASE shall commence from the 1st day of January of 2003 to the 31st day of December of 2003, total one years. (b) Any party who agrees to continue this lease agreement, shall serve three-month notice prior to the expiration of this agreement. Both parties shall negotiate relative content of lease agreement and sign up in one month before the rental term is terminated. Rent will be adjusted by 3% upon fluctuation of inflation rate.III. Rental: (a) Rental: Monthly rental amount is New Taiwan Dollars three hundred thousand only (included the Rental Income Tax). (b) Payment: Payable rental shall be calculated per month. Party B shall give Party A 24 checks, each with face value of monthly rental to be cashed on 1st day of each rented month when sign this agreement. Rental shall be deemed received only when the check is cashed and shall not be delayed. (c) Withholding Tax Statement: Rental Income Tax shall be withheld and paid by Party B per month and offer relative Withholding Tax Statement for the previous year to Party A before Feb. 10 of the fiscal year. Party B shall be responsible for any penalty to party A caused by the omission of Tax Statement.VI. Security Deposit: Party B shall pay New Taiwan Dollars one million as Security Deposit to Party A when sign this agreement. Party A shall return the Security Deposit after deduction of estimated Water, Electricity charge, Property Management Fee and handling charge of waste matters, to party B by cash or sigh check without interest, when Party A has settled all debt and vacated the leased premises. In compliance with collected receipt, Party A shall refund the withheld money in excess. Party B shall not have this Security Deposit under mortgage for any liabilities and only served as indemnification when Party B breaches this agreement. No rental deduction is allowed, meanwhile within the range of liabilities borne by Party B in this agreement, no joint compensation can be requested by any third party. V. Utilization limit: (a) Without written consent from Party A, Party B shall not transfer, assign, sublet or by other alternative method to have other persons utilize the rented premises or relative right, no matter in whole or in part. (b) Party B rent this premises for office utilization, which shall not infringe the stipulated utilization set up in relative act of construction, nor transact illegal business and perform the administration obligation under good custodian. (c) Party B shall obey relative regulations stipulated by law or governing authority. In addition to the documents provided by Party A for the company registration, Party B shall acquire necessary certificate and perform other procedures for business and shall not do any illegal behavior or deposit dangerous, explosive, prohibited or other stuffs that may influence the public security. Party B shall be responsible for any offense and bear any compensation in case of any third party or Party As damage. (d) During the rented period, Party B shall abide provisions stipulated in Building & Apartment Administration Act and administrating articles set up by the Administration Board of this Building under good coordination in order not to disturb the residents in this building. Party B shall be responsible in case of any offences.VI. Equipment and decoration (a) No alteration inside or outside the premises is allowed unless under Party As consent. Agreed alteration shall infringe regulations in Art. 77, Art. 77-2 of Construction Law or hazard the original structure, whereas all the costs and the security, cleaning and environmental responsibility during work shall be in charge of Party B. (b) Both parties agree that the goods and/or the appurtenances used for said alterations, which are permanently attached to the Leased Building, such as the water pipes, electric wire, ceiling, floor, door window and fittings, upon the expiry or cancellation of the lease period, shall all become the possession of the Party A. Party B shall not be entitled to demand any right of such goods and / or appurtenances.VII. Surrender of the leased premises: (a) Party B shall withdraw or manage the transfer registration of company when the Lease Agreement is terminated or cancelled. Party B shall vacate everything, including performed alteration on the premises and remove shop, as well restore and surrender the leased premises under original status for normal utilization. But According to current status, Party A may ask Party B to surrender the rented premises in whole or in part under actual condition. (not included the personal assets of Party B). (b) Party B shall vacate and surrender the leased premises upon the termination or cancellation of Lease Agreement, otherwise Party B shall remain liable to pay the Party A the two times rentals. Any Payment for agreement infringement shall not interfere the petition right to claimVIII. Deposed stuff: After surrender of leased premises, all furniture or miscellaneous matters left by Party B shall be deemed as waste, which shall be handled by Party A, Party B shall not have any objection. Relative handling charge shall be deducted when Party A refund the Security Deposit to Party B.VIIII. Advance termination (a) Party B shall deliver the rental check according to stipulated periods and cash the check, as well utilize the rented premises, pay the charge and tax in compliance with this agreement. Any deferment or breach shall be paid or remedied within 10 days after receipt of written notice from Party A, otherwise Party A may terminate this agreement. (b) When the agreement is terminated under above-mentioned conditions, Party B shall pay one months rental to Party A as penalty. Party A agree to return unearned or abated rental checks to Party B when above mentioned penalty for agreement breach, rental in due and all tax are settled by Party B, so as to surrender the rented premises according to this agreement. Party A may have Payment Order or raise suit for any unpaid money, Party B shall not have any objection.X. Management under good custodian (a) Party B shall abide every clause set in this agreement and keeps the rented premises under good custodian. Any damage of leased premises caused by Party A on his purpose or negligence or in case of any right or interest damage for Party A or the third party. In case of the fire disaster, Party B shall compensate relative damage or ruin of the leased premises, although no serious fault is contributed to Party B. (b) Party B is entitled to terminate the Lease Agreement when the leased premises go through fire, earthquake, typhoon, war, riot or similar events and beyond the utilization. If the damage is in part, Party B may give written repairing notice to Party A within 5 days after the occurrence. In case of any influence of utilization, both parties shall negotiate to reduce the rental percentage under bona fides. But when the damage in part interfere the utilization for Party B, this Lease Agreement can be terminated.XI. Others (a) All water, electricity, gas, administration, telephone, clean and imposed tax from Party Bs transaction and other repairing fee caused by Party B, from the day when the leased premises are delivered to Party B till the day when Party B surrenders the leased premises, shall be on Party Bs account. But the tax on house and land shall be borne by Party A. (b) Party B shall obey relative regulations or requirements from governing authority to manage the security measures and business equipment and bears charges in concern. Any infringement that causes the loss to party A or the third party or any damage or penalty imposed by governing authority, Party B shall have the responsible to indemnify. (c) Any loss of right or interest from Party A caused by Party Bs infringement, Party B shall take complete legal liability, and bear the suit charge, lawyer fee in case of legal action. (d) Party A shall arrange the premises insurance, but Party B shall have insurance for his own decoration, equipment or merchandise.XII. Impose clause: following impose cla