Western Union USA louer chambre arnaque ?

Bonjour,

voila apres des recherche sur internet, j'ai trouver un apartement correct a Miami pour mon voyage cette été, la personne ma envoyé un mail + un contract.

Malheureusment je parle pas tres bien anglais et j'ai pas comprit si elle souhaite l'argent + le contract signié au meme temps ou le contract signié et retourné dabors ?

je vous joint le Mail et le contract :

Merci de me dire si cela vous semble etre une arnaque ou pas

Le mail :Hello "xxxxxx"

How are you today? Enclosed in this mail, you will find the tenancy agreement duly prepared by my lawyer, i want you to go through it carefully and then you'll get to study the terms and condition of living in my place.

If everything is okay for you, you have to sign the tenancy contract and send it back to me through email so that i can also sign.

You will be making the initial payment so that i can be positive about this and also confirm your reservation. You will make the security deposit US $700 and a month rent for 1 room US $600, the payment has to be made to my lawyer.

He'll prefer Western union money transfer so that he can collect the payment same day.

Here is the details as follow:

Name:"xxxxxx"
Address:"xxxxxx"
I will be waiting to see your mail and the Western Union transfer details as:

NAME OF SENDER:?
ADDRESS OF SENDER:?
MTCN:?
AMOUNT:?

You are to deduct the western union charges from the security deposit which be given to you when you arrive and the rest of the security deposit will be
given to you when your tenancy expires.

As soon as he confirm your payment he'll issue you an acknowledgment receipt which serve as you've rent the room as your room to move in when you get to Miami.

I have also attached my international passport photo page with this email because you will need to print it out and taken with the signed lease agreement contract when you are coming. You can locate a western union outlet at any post office around.

Hoping to read from you soon.

Emily.


Le contract :

KENYON & KENYON LLP
Assured Short hold Tenancy Agreement

THIS TENANCY AGREEMENT (the "Agreement") dated this 30th of May, 2009.

BETWEEN:
"xxxxxx"
"xxxxxx"
(the "Landlord")
OF THE FIRST PART

- AND -
"xxxxxx"
"xxxxxx"
(the "Tenants")
OF THE SECOND PART


IN CONSIDERATION OF the Landlord letting certain premises to the Tenant, the Tenant letting those premises from the Landlord and the mutual benefits and obligations provided in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
BACKGROUND:
A. This is an agreement to create an Assured Shorthold Tenancy as defined in Section 19A of the Housing Act 1988 or any successor legislation (the "Act").
B. The Landlord is the owner of residential property available for rent and is legally entitled to grant this tenancy.
Let Property
1. The Landlord agrees to let to the Tenant the flat municipally
2. 95 N"xxxxxx", Miami, FL 33136. (The 'Property') for use as residential premises only. The Property is more particularly described as follows: Neither the Property nor any part of the Property will be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
3. No guests of the Tenants may occupy the Property for longer than 2 weeks without the prior written consent of the Landlord.
4. No pets or animals are allowed to be kept in or about the Property without the prior written permission of the Landlord. Upon thirty (30) days notice, the Landlord may revoke any consent previously given pursuant to this clause.
5. Subject to the provisions of this Agreement, the Tenant is entitled to the use of parking (the 'Parking') on or about the Property. Only properly insured motor vehicles may be parked in the Tenant's space.
6. The Landlord has supplied and the Tenant agrees to use and maintain in reasonable condition, normal wear and tear accepted, the furnishings noted in the inspection report completed before the Tenant took possession of the Property.

Term
7. The term of the Agreement is a periodic tenancy commencing at 12:00 noon on 5th July, 2009 and continuing on a month to month basis until the Landlord or the Tenant terminates the tenancy.
8. Any notice to terminate this tenancy must comply with the Act.

Rent
9. Subject to the provisions of this Agreement, the rent for the Property is US $600.00 per month (the 'Rent') Including all utilities (Electricity, gas, water, council tax, and waste disposal)
The Tenant will pay the Rent on or before the first of each and every month of the term of this Agreement to the Landlord 9"xxxxxx"ve, Miami, FL 33136 or at such other place as the Landlord may later designate.
10. The Landlord may increase the Rent for the Property upon providing to the Tenant the greater of 21 days notice and any notice required by the Act.
11. The Tenant will be charged an additional amount of $4.50 per day for any Rent that is received after the latter of the due date and the expiration of any grace period under the Act, if any.

Security Deposit
13. On execution of this Agreement, the Tenant will pay the Landlord a security deposit of US $700.00 (the 'Security Deposit') together with the first month rent’ of US $600.00 in other to confirm reservation and which later is refunded after the expiration of the lease.
14. No interest will be received on the deposit.
15. The Landlord will return the Security Deposit at the end of this tenancy, less such deductions as provided in this Agreement but no deduction will be made for damage due to reasonable wear and tear nor for any deduction prohibited by the Act.
16. During the Term of this Agreement or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following:
1. repair of walls due to plugs, large nails or any unreasonable number of holes in the walls including the repainting of such damaged walls;
2. repainting required to repair the results of any other improper use or excessive damage by the Tenant;
3. unplugging toilets, sinks and drains;
4. replacing damaged or missing doors, windows, screens, mirrors or light fixtures;
5. repairing cuts, burns, or water damage to linoleum, rugs, and other areas;
6. any other repairs or cleaning due to any damage beyond normal wear and tear caused or permitted by the Tenant or by any person whom the Tenant is responsible for;
7. the cost of extermination where the Tenant or the Tenant's guests have brought or allowed insects into the Property or building;
8. repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls; and
9. Any other purpose allowed under this Agreement or the Act.

For the purpose of this clause, the Landlord may charge the Tenant for professional cleaning and repairs if the Tenant has not made alternate arrangements with the Landlord.
17. The Tenant may not use the Security Deposit as payment for the Rent.
18. Within the lesser of I day and any time period required by the Act after the termination of this tenancy, the Landlord will deliver or mail the Security Deposit less any proper deductions or with further demand for payment to: ______________________________, or at such other place as the Tenant may advise.

Quiet Enjoyment
19. The Landlord covenants that on paying the Rent and performing the covenants contained in this Agreement, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the agreed term.

Inspections
20. The Landlord and the Tenant will complete, sign and date an inspection report at the beginning and at the end of this tenancy.

Tenant Improvements
21. The Tenant will obtain written permission from the Landlord before doing any of the following:
1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
3. removing or adding walls, or performing any structural alterations;
4. installing a waterbed(s);
5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
Insurance
22. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The Tenant is advised that, if insurance coverage is desired by the Tenant, the Tenant should inquire of Tenant's insurance agent regarding a renter's policy of insurance.
23. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the Property for either damage or loss, and the Tenant assumes no liability for any such loss.
24. The Tenant is not responsible for insuring the Property for either damage or loss to the structure, mechanical or improvements to the building of the Property, and the Tenant assumes no liability for any such loss.

Absences
25. The Tenant will inform the Landlord if the Tenant is to be absent from the Property for any reason for a period of more than fourteen days. The Tenant agrees to take such measures to secure the Property prior to such absence as the Landlord may reasonably require and take appropriate measures to prevent frost or flood damage.

Legal Fees
26. In the event that any action is filed in relation to this Agreement, the unsuccessful party in the action will pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

Governing Law
27. This Agreement will be construed in accordance with and governed by the laws of United States and the parties submit to the exclusive jurisdiction of the English Courts.

Severability
28. If there is a conflict between any provision of this Agreement and the Act, the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

Assignment and Subletting
29. The Tenant will not assign this Agreement, or sublet or grant any concession or licence to use the Property or any part of the Property. An assignment, subletting, concession, or licence, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Agreement.

Care and Use of Property
30. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
31. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The Tenant is required to park in only the space allotted to them.
32. The Tenant will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants.
33. The Tenant will not park (or allow to be parked) any caravan, boat or vehicle by the Property, if such parking, in the reasonable opinion of the Landlord, would cause nuisance or annoyance to neighbors or to anyone nearby.
34. The Tenant will keep the Property in good repair and condition and in good decorative order.
35. The Tenant or any one living with the Tenant will not engage in any illegal trade or activity on or about the Property including, but not limited to, using the Property for drug storage, drug dealing, prostitution, illegal gambling or illegal drinking.
36. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law.
37. The hallways, passages and stairs of the building in which the Property is situated will be used for no purpose other than going to and from the Property and the Tenant will not in any way encumber those areas with boxes, furniture or other material or place or leave rubbish in those areas and other areas used in common with any other tenant.
38. Boots and rubbers which are soiled or wet should be removed at the entrance to the building in which the Property is located and taken into the Tenant's Property.
39. At the expiration of the agreement term, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and damages by the elements excepted.

Repairs
40. The Landlord agrees to carry out any repairing obligations as required by section 11 of the Act including keeping in repair and proper working order:
1. the structure and exterior of the Property; and
2. the installations for the supply of water, gas and electricity and the installations in the Property for space heating or heating water.

Gas Safety
41. The Landlord will ensure that all gas appliances, flues and installation in the Property are checked by an American Gas registered technician on an annual basis.

Hazardous Materials
42. The Tenant will not keep or have on the Property any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.

Rules and Regulations
43. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the building, parking lot, laundry room and other common facilities that are provided for the use of the Tenant in and around the building containing the Property.

General Provisions
44. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Agreement will not operate as a waiver of the Landlord's rights under this Agreement in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
45. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Agreement. All covenants are to be construed as conditions of this Agreement.
46. All sums payable by the Tenant to the Landlord pursuant to any provision of this Agreement will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
47. Where there is more than one Tenant executing this Agreement, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Agreement.
48. The Tenant will professionally steam clean the carpets on a yearly basis and at the termination of this Agreement or the Landlord may charge the Tenant or deduct the cost of having the carpets professionally steam cleaned from the security deposit.
IN WITNESS WHEREOF:"xxxxxx" and "xxxxxx"; have duly affixed their signatures on this 30th day of May, 2009.



Witness:

"xxxxxx"



Witness:




"xxxxxx"





The Tenant acknowledges receiving a duplicate copy of this Agreement signed by the Tenant and the Landlord on the _____ day of ____________, _____.



Merci