ANNEX 1 to Dormitory Lease Agreement

TERMS AND CONDITIONS OF DORMITORY LEASE AGREEMENT

I. GENERAL PROVISIONS
1.1. The parties shall follow the Dormitory Lease Agreement, these Terms and Conditions of
Dormitory Lease Agreement (hereinafter the Terms and Conditions), the House Rules of the
Dormitory (hereinafter the Rules) and the Instructions of Use of Premises and Effects of
Dormitory (hereinafter the Instructions of Use) and other possible annexes to be made in the
future (hereinafter all the specified and referred documents jointly referred to as the
Agreement) and the legislation in force in the Republic of Estonia, which regulates the legal
relationships arising from the Agreement.
1.2. Under the Agreement the landlord (the possessor of the property) shall let to the resident the
property constituting the object of lease.
1.3. The landlord possesses the property, which constitutes the object of lease, on the basis of the
right of ownership.
1.4. The resident undertakes to perform the Agreement and ensure the preservation, purposeful use,
maintenance of the property which the resident has been granted use of under the Agreement
and return of the property to the landlord undamaged upon expiry of the Agreement.
II. OBJECT OF LEASE RELATIONSHIP
2.1. The object of the lease relationship arising from the Agreement is a Dormitory room in a
building possessed by the landlord at Kuhlbarsi 1 in Tallinn (hereinafter the Building or also
the Dormitory) and the public premises of the Building and the effects located on such
premises. The object of the lease relationship and the condition thereof shall be specified in the
deed of delivery of the premises and property, which constitutes an inseparable annex to the
Agreement.
2.2. The resident has the right to use the property in accordance with the Rules and the Instructions
of Use.
2.3. The property may be used by other persons who have entered into an agreement with the
landlord pursuant to the number of persons the let room(s) can accommodate.
III.ENTRY INTO FORCE
3.1. The Agreement between the landlord and the resident shall be deemed as made and entered into
force as of the moment when the resident has clicked on the button "I accept the terms and
conditions of the agreement and enter into the agreement" in the electronic system after the
resident has been identified on the basis of their ID card, the resident has inserted their data and
accepted the annexes to the Agreement.
IV.CONTRACTUAL PAYMENTS
4.1.

4.2.

The resident shall pay the landlord the rent for the previous month. The amount of the rent has
been specified on the title page of the Agreement and depends on the number of residents
using the room. In addition to the rent, the resident shall pay the landlord as follows for the
public utility services provided last month:
- for water and sewerage on the basis of the number of residents in the Dormitory
- for electricity, heat (heat and hot water) and refuse collection on the basis of the size of the
premises used.
The rent and accessory expenses shall be paid on the basis of invoices issued by the landlord to
the resident in the amount and by the due date indicated on the invoice by way of a bank
transfer to the landlords account. The landlord shall submit to the resident an invoice, sending
it to the e-mail address of the resident specified in the Agreement or in a later notice. The
invoice shall be deemed as submitted to the resident regardless of whether the resident has
opened and read it or not, unless the resident has submitted a complaint to the landlord within
five (5) working days as of the issue of the invoice. The resident has the right to submit only

reasoned complaints regarding invoices, whereby the complaint must be filed no later than
within five (5) working days as of sending the invoice at the landlords e-mail address specified
in the Agreement or in a later notice. Later complaints shall be taken into account only if there
are serious mistakes in them.
4.3.

4.4.

4.5.
4.6.

4.7.

4.8.

The landlord may unilaterally, by a decision of the manager of the Dormitory, amend the
landlords price list (incl. The rent, accessory expenses and additional services) by publishing
the respective notice on the notice board of the Dormitory, on the website of the Dormitory and
by e-mail sent to the e-mail address of the resident specified in the Agreement or in a later
notice. A notice of the entry into force of the price list shall be published and sent at least one
(1) month before the entry into force of the amendments. If the resident does not consent to the
amendments of the price list and does not want to continue the contractual lease relationship on
the basis of the amended price list, the resident shall inform the landlord thereof in an e-mail
sent within the aforementioned one-month term. In such an event the e-mail of the resident
shall be deemed as a cancellation declaration on the basis of which the Agreement shall
terminate on the date of entry into force of the amendments of the price list. The landlord may
unilaterally amend the Terms and Conditions, the Rules and the Instructions of Use at any time,
informing the resident thereof pursuant to the procedure laid down in this article. Upon entry
into the Agreement, the resident agrees that the amendment of the Terms and Conditions of the
Agreement published on the notice board and on the website shall be deemed as amendment of
the Terms and Conditions of the Agreement.
Upon first entry into the Agreement, the resident shall pay a reservation fee that shall be kept by
the landlord as the residents security deposit as of the start of use of the property. Upon
cancellation of the Agreement by the resident before the commencement of the use of the
property, the reservation fee shall not be returned to the resident.
The amount of the security deposit and reservation fee per one place of accommodation shall be
established by a decision of the manager of the Dormitory for each accommodation period (i.e.
the period from the start of the academic year until the end of the academic year).
The performance of the contractual duties and obligations of the resident upon termination of
the Agreement shall be secured by the security deposit. The security deposit can be paid to the
Dormitory account no. EE851010220106465018 of O Muusa Majad in SEB Pank. Payment
of the security deposit is the prerequisite for the delivery of the place of accommodation, which
means that the landlord shall be obligated to perform the obligation specified in article 5.1.1 of
the Terms and Conditions only after the security deposit has been paid and the resident shall not
receive the place of accommodation before the resident has paid the security deposit.
Upon expiry of the Agreement, any default interest, overdue sums, compensation for damaged
or lost furniture and other decrease of the value of the property and, if necessary, cleaning
expenses shall be deducted from the security deposit if the resident has failed to duly and timely
perform their duties and obligations towards the landlord by the moment of expiry of the
Agreement. The security deposit left after the performance of the duties and obligations or the
entire security deposit (if there is no compensation obligation) shall be returned to the resident
within ten (10) working days after the expiry of the Agreement by way of a transfer to the
account indicated by the resident. A security deposit balance of less than EUR 1 shall not be
returned.
The parties have agreed that no interest shall be paid to the resident on the security deposit
during the Agreement term and that the landlords claims against the resident during the
Agreement term shall not be satisfied out of the security deposit.

V. DUTIES AND OBLIGATIONS OF PARTIES

5.1. The landlord shall:
5.1.1. grant the resident use of the property which constitutes the object of lease and hand over to the
resident a set of keys and a distance card;
5.1.2. guarantee the possibility of use of the accessory services required for using the leased property;

5.1.3. invoice the resident electronically for the rent and accessory services at the e-mail address
specified in the Agreement or in a subsequent notice or, at the request of the resident, on paper
at the residents Dormitory address not later than by the tenth (10 th) date of each month;
5.1.4. grant the resident use of other equal property if, due to a reason attributable to the landlord, the
object of lease has become unfit for use, except in the event of renovation of the Dormitory;
5.1.6. inform of the ordinary cancellation of the Agreement at least 30 calendar days in advance.
5.2. The resident shall:
5.2.1. prudently and in accordance with the Rules and the Instructions of Use, use the property which
constitutes the object of lease;
5.2.2. allow representatives of the landlord to freely enter any and all rooms, incl. to introduce them to
a new resident in the event of an upcoming change of the resident;
5.2.3. refrain from harming the landlords property;
5.2.4. follow the instructions, directives and precepts of the landlord's representative and the internal
rules of accommodation, fire safety rules and other rules and legislation;
5.2.5. as of the moment of using a multiple-resident room alone pay the public utility expenses in full
and inform the landlord of the desire to be relocated no later than two (2) months in advance
and, in the event of failure to inform the landlord, pay full rent as of the third (3 rd) month;
5.2.6. keep the leased property in a good condition, eliminate any damage caused by the resident or
their guests and, if necessary, carry out repairs at ones own expense and coordinate any and all
such or similar operations regarding the leased property with the landlord in writing in advance;
5.2.7. immediately inform the landlords representative of any and all accidents, fire, etc. on the
premises, immediately taking measures for the elimination of the accidents and their
consequences without delay and for granting the safety of the residents;
5.2.8. bear material liability for the preservation and maintenance of the property handed over to the
resident and compensate the damage caused or the expenses incurred for putting them in order;
5.2.9. In the event of damage or loss of the property compensate the landlord for the damage or loss
as follows:

EUR 6.40 (approx. EEK 100) for a distance card;

EUR 32 (approx. EEK 500) for a security key;

EUR 3.20 (approx. EEK 50) for a key;

5.2.10. return the property to the landlord on the date of expiry of the Agreement at least in the same
condition that the resident received it, considering normal wear and tear;
5.2.11. pay the rent and accessory expenses pursuant to the landlords invoices not later than by the
twentieth (20th) date of each month;
5.2.12. upon making payments, pay the related bank transfer expenses;
5.2.13. compensate the landlord for any and all extrajudicial and judicial procedural expenses
incurred for collection of a debt, including, but not limited to, state fees for expedited
payment order procedure, legal assistance, transport and other possible expenses;
5.2.14. inform the landlord of the validity of the residents visa or residence permit upon entry into
the Agreement, inform the landlord of the issue of a new visa or residence permit
immediately, and inform the landlord of the interruption or completion of studies within ten
(10) days after the occurrence of the event;
5.2.15. not hand the leased property (incl. keys, distance card) over to other persons without the
written consent of the landlord;
5.2.16. inform of the ordinary cancellation of the Agreement in writing or by a digitally signed e-mail
at least 30 (thirty) calendar days in advance.
5.3. NOTICES AND APPLICATIONS
5.3.1. The parties have agreed that any notices and applications arising from the Agreement may be
submitted to the other party via the http://www.yhikas.ee portal, unless a different manner of
communication arises from the Agreement. Upon sending a notice to the yhikas.ee portal, it
shall be deemed that the party has received the notice and has had a reasonable chance to
access it once two (2) working days have passed from sending it. The receipt of a written

notice and application is presumed if three (3) days have passed from posting it. Notices and
applications delivered in person shall be deemed as received as of the moment the recipient
confirms receipt with their signature. An e-mail shall be deemed as received by the other party
not later than as of the working day following the day of sending. If the partys mail or e-mail
address specified in the Agreement changes, the party shall inform the other party thereof
immediately in a manner specified in the Agreement, thereby accurately indicating the new
details.
VI
6.1.
6.1.1.
6.1.2.

RIGHTS OF PARTIES
The landlord has the right to:
demand that the resident perform the duties and obligations laid down in the Agreement;
check the purposeful use, preservation and maintenance of the property which constitutes the
object of lease and, where necessary, make the respective compulsory precepts;
6.1.3. terminate the Agreement extraordinarily, without following the terms of cancellation if the
circumstances specified in article 8.2 become evident;
6.1.4. charge default interest at the rate of 0.15% of the overdue sum per day in the event of failure to
pay the rent and accessory expenses by the due date;
6.1.5. commence the calculation of default interest as of the day that follows the day when the
payment was due until the date of accrual or set-off (included);
6.1.6. in the event an invoice is paid after the due date (with a delay), consider the default interest
arising from the late payment as paid from the available funds first, followed by the residents
principal debt;
6.1.7. charge EUR 63.91 (EEK 1,000) of accessory expenses for smoking in a prohibited place and in
the smoking room whose door has not been closed or for covering up a smoke detector, charge
the person(s) who caused a call of a security unit EUR 19.17 (EEK 300) per call and have the
person(s) who caused a false call of the Rescue Board or created an emergency situation
compensate the related expenses on the basis of the size of the landlords claim;
6.1.8. check (in the person of the housemaster, receptionist or another representative) the relationship
of the persons located in the Building with the Dormitory. In the event of absence of a
relationship the representative of the landlord has the right to demand that the checked person
leave the Building or to arrange the forced expulsion of the person from the Building in
accordance with the law in force;
6.1.9. confiscate the distance card and keys from persons who are not authorised to use them;
6.1.10. enter into agreements regarding the use of the object of lease also with other persons,
depending on the number of residents that the room can accommodate.
6.2. The resident has the right to:
6.2.1. demand that the landlord perform the duties and obligations laid down in article 5.1;
6.2.2. demand that the rent be reduced if the terms and conditions of use of the property set out in the
Agreement have or the condition of the property has deteriorated for reasons independent of the
resident;
6.2.3. in the event the property becomes unfit for use for a reason for which the resident is not
responsible, demand that the landlord replace the property with equal property, informing the
landlord thereof in writing in advance;
6.2.4. cancel the Agreement extraordinarily without following the terms of cancellation if the leased
residential premises cannot be used due to a reason independent of the landlord.
VII
7.1.
7.2.

LIABILITY OF PARTIES
The parties shall bear full material liability for failure to perform the terms and conditions of
the Agreement as well as for causing damage upon letting or leasing the property.
The lessor shall not be liable for the preservation of the lessees property in the room allocated
to the lessee. Similarly, in no case shall the lessor be liable for the preservation of, injury to and
any other similar circumstance and possible damage to property, incl. a bicycle, other means of
transport or vehicle and property therein, which is in the possession or ownership of the lessees
and their guests and is located in the dormitory in premises, in common and joint parts of the
building and in the territory, incl. in the car and bicycle park, and in other areas.

7.3.

The lessee shall assume solidary liability with other lessees for the preservation and good
condition of property in the premises that are in the joint use of the lessees.

VIII AMENDMENT AND TERMINATION OF AGREEMENT

8.1. The Terms and Conditions of the Agreement may be amended pursuant to the procedure laid
down in the Agreement and in the annexes thereof or by written agreement of the parties.
8.2. The Agreement shall be terminated on the basis of a calendar month, i.e. the wish to terminate
the Agreement that has been notified of the previous calendar month shall take effect at the end
of the next calendar month. The resident shall cover the costs (the rent + public utility charges)
until the date of termination of the Agreement.
8.3. The parties have the right to terminate the Agreement at any time (ordinary cancellation of the
Agreement) by informing the other party thereof in writing or in a manner which can be
reproduced in writing (incl. an e-mail at the e-mail address specified in the Agreement or in a
subsequent notice) at least 30 (thirty) calendar days in advance. The resident shall vacate the
object of lease on the date of expiry of the Agreement. Otherwise the landlord shall have the
right to take the following steps:
8.3.1. in the presence of a witness enter the premises used by the resident;
8.3.2. clear the room of the residents personal belongings, taking possession of them until handing
them over to the owner and guaranteeing their preservation for three (3) months as of the date
of expiry of the Agreement. Upon taking custody and delivery of the property, the respective
deeds shall be drawn up and approved with the required signatures.
8.4. If in spite of an advance notice the resident refuses to vacate the premises or obstructs making
the premises vacant, the student village shall have the right to take measures in accordance with
the laws of the Republic of Estonia in order to vacate the premises.
IX
9.

RESOLUTION OF DISPUTES
Any and all disputes arising from the performance, cancellation, amendment and application of
liability under the Agreement shall be subject to resolution by agreement of the parties. Failing
agreement, the dispute shall be resolved in court.