Lease Agreement Terms and Conditions (pdf file, 27 kB) are attached to the lease agreement.
General Terms and Conditions for Agreement
The Lease Agreement shall apply the Act on Residential Leases (31 March 1995/481), hereinafter ARL.
1. Surrender of tenancy of flat
The Lessee shall only use the residential flat as his or her own home or as a joint home with his or her spouse and the children belonging to the Lessee’s family. The Lessee may also use the flat as a joint home with his or her near relative or a near relative of his or her spouse or assign by sub-lease or otherwise no more than half of the residential flat to another person’s use for residential purposes if this does not cause the Lessor significant inconvenience or disturbance.
In any other event, the Lessee shall not assign the flat or any part of it to another person’s use without the consent thereto expressed in the lease agreement or given separately by the Lessor.
Section 18 of ARL stipulates the terms for temporary assignment of a residential flat.
2. Transfer of lease rights
The Lessee shall not without the consent thereto expressed in the lease agreement or given by the Lessor in writing transfer his or her lease rights. He or she may, however, without the Lessor’s permission, transfer the lease rights to his or her spouse living in the flat, to a child belonging to the family or a parent of either spouse, unless the Lessor has reasonable grounds for objecting to the transfer of lease rights. The Lessee must immediately and in writing inform the Lessor of the transfer of lease rights.
3. Lessee’s obligations when using the flat
The Lessee shall look after the flat with all due care. The Lessor and the Lessee can agree on any repairs, alterations or upkeep measures to be performed in the flat. The Lessee shall be liable for compensation to the Lessor for any damage to the flat caused by the Lessee or some other person staying in the flat on the Lessee’s permission wilfully or through negligence or other carelessness. The Lessee shall notify the Lessor without delay of any damage to or deficiency in the flat. Notification shall be made immediately if, to prevent further damage, repairs must be undertaken without delay.
4. Lessor’s liability for the condition of the flat
It is the Lessor’s responsibility to ensure that at the commencement of the lease and throughout its duration, the flat shall be in such condition as the Lessee may reasonably require, taking the age of the flat, the local housing stock and other local conditions into consideration, unless otherwise agreed regarding the condition of the flat. It may also be agreed that the Lessee shall be responsible for the upkeep of facilities and equipment available to him or her under the lease or for obligations associated with the property.
5. Supervision of the flat
If the flat is left unused for a long period of time, the Lessee shall inform the Lessor of this and reserve him or her the right to access the flat. Whenever necessary for supervision of the condition or upkeep of the flat, the Lessee shall immediately provide the Lessor with access to the flat at a suitable time. If the flat is to be sold, or leased again, the Lessor shall have the right to show the flat at a time suitable to the Lessor and the Lessee.
Section 21 of ARL stipulates the Lessor’s right to carry out repairs and alterations and upkeep measures.
6. Amount of rent and increases
The amount of rent for the residential flat can be agreed freely. The rent must, however, be reasonable. The rent can be increased according to an agreement between the parties. The revision of rent can be agreed on, with due consideration to the provisions of the Act on Limiting the Use of Index Clauses (1195/2000).
E.g. an index clause may be included in the lease agreement, with the condition that the agreement is non-fixed term or drawn up for a minimum of three years. Increasing the rent during the lease period defined in the lease agreement is not possible without the Lessee’s consent.
If it has been agreed that the Lessor may unilaterally decide the date or amount of the rent increase while the lease is in force, such stipulation shall be null and void unless the grounds on which the rent can be increased during the lease agreement’s validity have also been agreed. Before the rent increase can take effect, the Lessor shall notify the Lessee in writing of the new rent and the date on which it will take effect. If no agreement can be reached concerning the increase in rent, the Lessor may terminate a non-fixed term agreement in order to increase the rent to a reasonable level.
7. Secondary leasing
A secondary lease means a lease which arises when the party (primary lessee) who has rented a residential flat from the Lessor leases the flat again, under the lease agreement for the flat or by the Lessor’s express consent, to one or several other lessees (secondary lessee). A primary lease means the lease between the Lessor and the primary lessee.
The primary lessee shall inform the secondary lessee of the primary lessee’s Lessor and of the terms of the primary lease, and inform the Lessor of the secondary lease and the secondary lessee.
If the Lessor or the primary lessee rescinds the lease agreement or gives notice or makes another notification pertaining to the lease, the Lessor or the primary lessee shall immediately notify the party to the primary lease or the secondary lease to whom the notice, rescission or notification does not apply.
8. Terminating lease agreement
Termination of lease by Lessee
When the Lessee gives notice the notice period shall be one month. The notice period for a lease agreement shall be calculated from the last day of the calendar month in which notice was given. Notice shall be served verifiably. Notice shall also be considered properly served if current provisions on the service of summons have been observed in serving it.
The written notification shall be delivered by mail to the address Keva, Kiinteistöyksikkö, PL 425, 00101 Helsinki or by fax to 020 614 2526.
The Lessor would prefer to receive the notice of termination as soon as the Lessee knows when he or she is moving out.
If both spouses live in a flat which they have rented jointly or which one of them has rented, one spouse alone cannot give notice on the lease agreement without the other spouse’s consent. Such consent shall not, however, be necessary if it cannot be obtained without undue inconvenience.
Termination of lease by Lessor
When the Lessor gives notice on a lease agreement the notice period shall be six months if the lease has lasted uninterruptedly for at least one year immediately prior to the giving of notice, and otherwise three months (Lessor’s notice period). The notice period for a lease agreement shall be calculated from the last day of the calendar month in which notice was given.
Notice shall be served verifiably. Notice shall also be considered properly served if current provisions on the service of summons have been observed in serving it. The Lessor shall give notice on a lease agreement by delivering to the Lessee a written notification stating the date of the lease termination and the grounds for it.
Separate grounds for notice are not required by law. The grounds for notice shall not, however, be contrary to sound leasing practice or otherwise unreasonable for the Lessee. The Lessor must thus have an acceptable reason for terminating the lease.
9. Rescission of lease agreement
Any Lessor or Lessee who wishes to invoke his or her right to rescind the lease agreement as prescribed in the Act shall provide written notice of rescission to the other party. This must contain the grounds for rescission and the date of termination of the lease, if he or she wishes to terminate the lease other than immediately upon the service of notice of rescission. The notice of rescission shall be served in accordance with the provisions on the service of summons or in an otherwise verifiable manner.
The Lessor’s grounds for rescission are prescribed in ARL Sections 8, 38, 40, 49 and 61 and the Lessee’s grounds for rescission in ARL Sections 8, 16, 20, 21, 42 and 63. In certain instances specified in ARL Section 61, the Lessor must issue the Lessee with a written caution prior to implementing the right to rescind. The caution shall be served in accordance with the provisions on the service of a summons or in an otherwise verifiable manner.
10. End date of lease agreement and removal date
The end date is the date on which the lease agreement ends due to termination or rescission of the agreement. The final removal date is the end date of the lease agreement. The Lessee shall pay rent until the removal date, including the removal date.
Other Terms and Conditions for Keva’s rental flats
Additional fees
The Lessee shall conclude his or her own electricity agreement. The real estate company shall invoice as additional fees any water, parking and sauna payments unless otherwise specified by the Lessor. For the invoicing and monitoring of water payments, the Lessee is liable to immediately report to the building manager any persons moving into or out of his or her flat.
Keys
At the start of the lease agreement, the building manager shall hand over the keys against receipt. At the end of the lease agreement the Lessee shall return all of the keys received and possible extra keys that he or she may have ordered over the duration of the lease agreement. If the Lessee does not return all of the keys, the Lessor shall rekey the locks of the flat at the expense of the Lessee.
Additional fittings procured by the Lessee
The Lessee has the right to install a spyhole and security locks in his or her front door at his or her own expense. If the Lessee removes the above-mentioned fittings, he or she must, at his or her own expense, repair the front door of the flat so that it corresponds with its original state. Any Venetian blinds that the Lessee has installed must remain in the flat, without compensation, when the lease agreement ends.
Alterations
The Lessee does not have the right to make alterations to the flat without the written permission of the Lessor.
Home insurance
The Lessor recommends that the Lessee take out home insurance.
Inspection of the flat
At the end of the lease agreement, an inspection will be made of the flat. The Lessee is expected to be present for the inspection. If damage or the need for repairs is determined which is not the result of natural wear and tear, or the flat has not been cleaned carefully, the Lessor has the right to receive compensation from the Lessee for the costs resulting from this work. Any articles belonging to the flat, such as fire alarms, antennas, window keys and tenant information folders must be left in the flat.
Deposit
The deposit covers unpaid rent as well as liabilities based on the lease agreement, e.g. penalty interest and repair and cleaning costs belonging to the Lessee as well as additional fees such as water, car park and sauna payments.
Refunding the deposit
The deposit is returned by mail at the end of the lease agreement once all of the liabilities related to the agreement have been taken care of.
