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Free sample lease agreement / lease contract by China real estate lawyer

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Free sample lease agreement / lease contract by China real estate lawyer
China lease agreement
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Capacity to Contract:
The parties to the real estate lease contract must have the legal capacity to enter into the agreement. Age, mental competency and other issues are considered. A minor could not enter into a lease, thus this requirement would not be satisied and the lease would not be valid.
Legal Objectives:
The purposes of the lease must be legal. If the property to be leased is to be used for illegal purposes, the lease would be invalid.
Offer and Acceptance:
All terms of the contract must be agreed upon by both parties. The owner or landlord would offer these terms to the tenant and the tenant would accept them, signified by their signatures to the lease.
Consideration:
Normally, consideration for a valid lease contract is in the form of rental payment(s). However, it could be in some other form, such as a trade of labor or property improvements for tenancy. Rent is normally fixed for the life of the lease, and cannot be changed unless agreed to in writing by both parties.

LEASE CONTRACTLandlord: Peter Chu    ("Party A")

 

Legal Address:

Passport No.: AB466650

Tel: 010-56666461

Tenant: DOUBAN PRICE Network Science and Technology Co., Ltd.        ("Party B")

Registered Address: Room 801, CYTS Plaza, No. 5, South Dongzhimen Street, Beijing

Contact: Xuelei Hou

Tel: 010-55555555

Party A is a citizen of the People's Republic of China. Party A hereby agrees to lease and Party B hereby agrees to rent the House located at Jianwai SOHO, Beijing. Now, therefore, both Parties enter into this Contract. This Contract is entered into on the 10th day of August, 2009 by and between Party A and Party B. In order to specify the rights and obligations of both Parties, both Parties hereby enter into the following terms and conditions.

ARTICLE 1 LEASED UNIT

In accordance with the terms and conditions of this Contract, Party B hereby rents the property owned by Party A, which is located at Room 2202 and Room 2206, 22/F, No. 18 Building, Jianwai SOHO, No. 39, Dong San Huan Middle Road, Chaoyang, Beijing ("Leased Unit").

The gross floor space of the Leased Unit is 436.54 square meters. Party B's designated user will use the Leased Unit only as office. Without the consent of Party A, Party B may not sublease or assign the Leased Unit or any part thereof to any third party, or jointly use the same with any third party. Party B may not use the exterior wall of the building.

ARTICLE 2 LEASE TERM AND RENT-FREE PERIOD

2.1 The lease term shall be two (2) years, as from August 11, 2009 to August 10, 2011 ("Lease Term").

2.2 The rent-free period shall be 30 days, as from August 11, 2009 to September 10, 2009. During the rent-free period, Party B is not required to pay the rent and the property management fees.

ARTICLE 3 RENT AND OTHER FEES

3.1 Party B must pay the rent to Party A in accordance with this Contract at the rent rate of RMB43,854.08/month, including the fees of heating and initial internet connection (change to any of the costs will not change the total amount of the rent), but excluding fees of water, electricity, gas, local telephone, IP long distance telephone, broadband internet connection, property management fee, tax and any other fees and charges incurred from any other facilities exclusively used by Party B. If there is any other fee or charge incurred from the use of the Leased Unit by Party B, Party A may demand Party B to pay such fee or charge.

3.2 Party A shall issue a valid taxation invoice for the rent to Party B in accordance with the amount of rent specified herein. The tax of RMB2,302.33 per month incurred from the payment of rent shall be borne by Party B.

3.3 Party A shall issue a valid invoice for the property management fee to Party B in accordance with the amount of the property management fee specified herein. The amount of property management fee is RMB2,619.24 per month and shall be borne by Party B.

3.4 As a conclusion, Party B shall pay the gross rent of RMB48,775.65 per month. The time limit for the payment of any sum mentioned above shall be commenced from the date when Party B receives an invoice of rent, property management fee or any other fee issued by Party A. It is agreed that Party B may take following means to make payment: Party A issue an invoice in advance, and Party B make payment within five business days upon receipt of the invoice. If Party B makes payment according to the terms of payment mentioned above, it shall not be deemed as delay in payment.

3.3 Party B shall pay three months' rent in advance, and two months' rent are paid additionally as security deposit.

3.4 Party B shall pay the rent of the next month on or before the 10th day of each month. The initial rent shall be paid on or before August 15, 2009. If Party B is unable to pay the rent on time due to business trip or any other reason, it shall promptly give a notice to Party A. The payment of such rent may be deferred for five business days upon receipt of the notice by Party A; otherwise, Party B shall pay an overdue fine to Party A. For each delayed day, Party B shall pay 5‰ of the monthly rent to Party A as the overdue fine. If Party B fails to pay any due and payable rent for more than fifteen (15) days without justifiable reason, Party A may terminate this Contract.

3.5 Party B shall pay all due and payable amounts hereunder to the following bank account designated by Party A. All amounts shall be calculated and paid in Renminbi.

Bank: Dabeiyao Sub-branch, Beijing Branch, Bank of China

Account Name: Peter Chu

A/C No.: 4563-5101-0086-3897-868

ARTICLE 4 PROPERTY MANAGEMENT FEE

4.1 Party A must pay the property management fees to the property management company of Jianwai SOHO on a monthly basis. The property management fee shall be paid according to the relevant rules of the property management company. The property management company may adjust the rate of property management fee from time to time. The rate of the property management fee shall be applied to the Leased Unit, as well as all owners and tenants of Jianwai SOHO.

4.2 Upon execution of this Contract, Party B must comply with the relevant rules established by the developer and the property management company of Jianwai SOHO which are applicable to all owners and tenants.

ARTICLE 5 SECURITY DEPOSIT

5.1 Upon execution of this Contract, Party B shall pay a security deposit ("Security Deposit") to Party A equal to two months' rent, i.e. RMB92,946.64 (only including net rent and property management fee), as the security for Party B's faithful performance of all terms and conditions of this Contract. Upon receipt of the security deposit, Party A shall issue a receipt to Party B.

5.2 Party B shall indemnify Party A against all losses and damages if Party B fails to pay any due or payable rent hereunder or causes any actual loss or damage to Party A (other than natural wear and tear in the Leased Unit or any renovation, furniture or electric appliance therein). During the term of this Contract, Party B may not use the security deposit to set off the due and payable rent or any other fees specified herein, or assign the security deposit to any third party or set any guaranty on the security deposit.

5.3 Subject to Party B's full performance of all terms, conditions and stipulations of this Contract, as well as return of the Leased Unit and discharge of all due and payable fees (including but not limited to fees of water, electricity, gas and telephone, liquidated damages and indemnity), Party A shall refund the security deposit (without interest) within fifteen (15) business.

ARTICLE 6 OVERDUE INTEREST

If Party B, without giving a prior notice to Party A, defaults the payment of any due and payable security deposit, rent or any other amount or any amount advanced by Party A for Party B, Party B shall pay an overdue fine at 0.5‰ of defaulted amount for each day of delay.

ARTICLE 7 OTHER PUBLIC FACILITIES

7.1 Party B may reasonably use the public facilities in Jianwai SOHO in accordance with the relevant rules.

ARTICLE 8 DAMAGE AND MAINTENANCE

8.1 Party A shall indemnify Party B against all losses and damages suffered by Party B due to any fault of Party A, but Party B shall be responsible for the losses and damages due to any other reason, provided that Party A shall give necessary assistance upon request of Party B.

8.2 Party B shall at its own costs maintain and repair the facilities in the Leased Unit, so that such facilities will remain the clean and habitable conditions. Upon expiry or termination of the lease term, Party B shall return the Leased Unit to Party A at the initial conditions.



 
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