Parking space rental agreement

PARKING SPACE LEASE AGREEMENT

This lease agreement (hereinafter the "Agreement") has been entered into in [City where the contract is signed] on [Contract date] between the following parties:

1. PARTIES

1.1 Lessor:
[Lessor's name]
Registry code / personal identification code: [Lessor's registry code / personal identification code]
Telephone: [Lessor's telephone]
E-mail: [Lessor's e-mail]
Bank account (IBAN): [Lessor's bank account (IBAN)]
(hereinafter the "Lessor")

1.2 Lessee:
[Lessee's name]
Registry code / personal identification code: [Lessee's registry code / personal identification code]
Telephone: [Lessee's telephone]
E-mail: [Lessee's e-mail]
(hereinafter the "Lessee")

2. PARKING SPACE

2.1 Parking space: [Address of the parking space], space no. [Space number/designation], type: [Type of parking space].

2.2 The Lessor grants the parking space to the Lessee for use and the Lessee pays rent for it (Law of Obligations Act (VÕS) § 271). The Lessor confirms that it has the right to lease the parking space.

2.3 The Lessor delivers the parking space vacant and in a condition suitable for parking and maintains it in that condition throughout the term of the Agreement (VÕS § 276 (1)). The Lessor notifies the Lessee a reasonable time in advance of any works that prevent the use of the parking space, except in the event of an emergency.

3. VEHICLE

3.1 The parking space is intended only for the following vehicle: registration number [Vehicle registration number], make and model [Vehicle make and model]. Change of vehicle: [Change of vehicle].

3.2 If a change of vehicle is permitted under clause 3.1, the Lessee notifies the Lessor of the registration number, make and model of the new vehicle before the change. The vehicle kept in the parking space must be in good technical order and must not leak fuel, oil or other fluids.

4. PERMITTED USE

4.1 The parking space may be used only for parking — not as a storage space, for repairs or for washing — and only with the vehicle specified in clause 3.1, unless the Parties have agreed otherwise in writing.

4.2 The Lessee uses the parking space with due care and in accordance with its intended purpose (VÕS § 276 (2)). No maintenance or repair works may be carried out on a vehicle in the parking space, no oil or other fluids may be changed, and no fuel canisters, tyres or other items may be stored there.

4.3 The Lessee does not grant the use of the parking space to a third party without the consent of the Lessor (VÕS § 288 (1)).

5. RENT AND PAYMENT

5.1 Monthly rent: [Monthly rent (€)] euros. Payment deadline: [Payment deadline].

5.2 Rent is paid to the Lessor's bank account [Lessor's bank account (IBAN)]. A payment is deemed made on the day the amount is received in the Lessor's bank account.

5.3 In the event of delay in payment, the Lessor may claim late interest at the statutory rate (VÕS § 113 (1)).

6. SECURITY DEPOSIT

6.1 Amount of the security deposit: [Security deposit (€, 0 = none)] euros. If the amount of the security deposit is 0 euros, no security deposit is paid.

6.2 The security deposit secures the Lessor's claims against the Lessee arising from the Agreement. The Lessor returns the security deposit after the termination of the Agreement and the return of the parking space and the access devices, setting off its collectible claims against the Lessee; if there are no claims, the security deposit is returned in full.

7. ACCESS

7.1 No separate access device is used for the parking space.

7.2 The Lessee notifies the Lessor without delay of the loss of an access device, does not make copies of access devices without the Lessor's consent, and returns all access devices handed over to it upon termination of the Agreement.

8. TERM OF THE AGREEMENT

8.1 Start date: [Lease start date]. Type of agreement: [Type of agreement].

8.2 End date: [End date]. If the Lessee continues to use the parking space after the expiry of the term, the Agreement is deemed to have been extended for an unspecified term unless either Party expresses a different intention within two weeks (VÕS § 310 (1)).

9. TERMINATION OF THE AGREEMENT

9.1 Either Party may terminate the Agreement by ordinary notice with a notice period of [Notice period for termination]. Under the law, a lease agreement for an unspecified term for a separately leased parking space may be terminated by giving at least one month's advance notice (VÕS § 312 (2)).

9.2 The Lessor has the right to terminate the Agreement extraordinarily if the Lessee is in delay with the payment of rent or a significant part thereof on two consecutive due dates, or if the rent owed exceeds two months' rent, having first granted the Lessee, in a format which can be reproduced in writing, an additional term of at least 14 days before termination (VÕS § 316 (1) and (3)).

9.3 The Lessor has the right to terminate the Agreement extraordinarily if the Lessee uses the parking space in an impermissible manner and continues to do so despite the Lessor's warning, or if the violation is material or intentional (VÕS § 315 (1)).

9.4 The Lessee has the right to terminate the Agreement extraordinarily if, for a reason arising from the Lessor, it is unable to use the parking space and the Lessor has not enabled its use within a reasonable term granted to it (VÕS § 314 (1)). Either Party may terminate the Agreement extraordinarily for another good reason (VÕS § 313 (1)).

9.5 Upon termination of the Agreement, the Lessee clears the parking space of the vehicle and its belongings. If the Lessee does not vacate the parking space on time, the Lessor may claim, as compensation for damage, the agreed rent for the period of delay as well as compensation for any damage exceeding it (VÕS § 335).

10. LIABILITY

10.1 The Lessor is not a custodian or guard of the vehicle. The Lessor is not liable for damage caused to the vehicle by third parties, for theft of the vehicle or for damage caused by weather conditions, except where the damage was caused by an intentional or grossly negligent breach of obligation by the Lessor. This limitation does not apply in the event of causing death or damage to health.

10.2 The Lessee is liable for damage caused to the parking facility or to other vehicles, including damage caused by fluids leaking from the vehicle. The Lessee is liable for damage to the parking space unless it proves that the damage occurred in circumstances not arising from the Lessee (VÕS § 334 (2)); ordinary wear and tear is borne by the Lessor.

10.3 The Lessee notifies the Lessor without delay of a defect in the parking space or of a danger to it (VÕS § 282 (1)). If the Lessee is a consumer, the terms of the Agreement do not restrict the consumer's statutory rights, any derogation from which to the detriment of the consumer is void.

11. RULES

11.1 Hazardous substances may not be kept in the parking space and other parking spaces may not be blocked. If the parking space is located at a building or garage, the house rules of the building or garage must be observed.

11.2 The Lessee takes into account the interests of other users of the car park and of neighbours (VÕS § 276 (3)), does not leave the vehicle's engine running unnecessarily and does not block access roads or evacuation routes.

12. FORCE MAJEURE

12.1 A Party is not liable for a breach of obligations arising from the Agreement if the breach is excused due to force majeure (VÕS § 103). A Party notifies the other Party of the force majeure circumstance without delay.

13. DISPUTE RESOLUTION

13.1 The Parties first seek to resolve any dispute by negotiation. If no agreement is reached, the dispute is resolved in court. The law of the Republic of Estonia applies.

14. FINAL PROVISIONS

14.1 Notices with legal consequences related to the Agreement, including a notice of termination, are submitted in writing or in a format which can be reproduced in writing (including by e-mail) to the contact details specified in the Agreement.

14.2 Amendments and supplements to the Agreement are made in writing or in a format which can be reproduced in writing. If any provision of the Agreement is or becomes invalid, this does not affect the validity of the remaining provisions. The Agreement enters into force once both Parties have signed it.

15. LEGAL BASIS

15.1 The parking space lease agreement is governed by § 271 et seq. of the Law of Obligations Act (general lease agreement).