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FOUNTAIN BREEZE LEASE CONTRACT UPDATED4

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LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE is made and executed at the City of Pasig, this ________ day of
_______________, 2018 by and between:
Fe D. Donor, of legal age, Filipino, and with residence and postal address at Unit 13 Bldg. 1
Foundation of St. Joseph the Worker Inc., hereinafter referred to as the LESSOR.
-ANDChristian Alcantara , with registered address at _______________________________. , representing
two other tenants: Yu-an Miko Lopez and Jefer Loyd Datu,
hereinafter referred to as
the LESSEE.
WITNESSETH; That
WHEREAS, the LESSOR is the legal owner of THE LEASED PREMISES, the 1 bedroom unit at
4236 Fountain Breeze Condominium Lombos Ave., Sucat, Paranaque City, with semi-bare
unit, accessories listed in the scheduled attached hereto as Annex “A” (the furnishings”);
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is
willing to lease the same under the terms and conditions hereinafter specified;
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto
the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED PREMISES, subject
to the following:
TERMS AND CONDITIONS
1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the premises are used for other purposes, the LESSOR shall have the right to
rescind this contract without prejudice to its other rights under the law.
2. TERM: This term of lease is for a period of ONE (1) year ONLY. Commencing on June 2018 ,
with a maximum the total number of three (3) occupants ONLY.
If the LESSEE
terminates/violates this contract ahead of the aforementioned period, the rate of the actual
occupancy period will be computed on A PER DAY BASIS.
3. MANNER OF PAYMENT: Simultaneous with the signing of this Contract, the LESSEE shall pay
to the LESSOR the following amounts:
a.) DAILY/WEEKLY RENTAL: DOWNPAYMENT/RESERVATION FEE: 50% down
payment is requested upon confirmation/booking of the proposed dates of occupancy.
The said reservation fee shall be deductable on the last payment. Cancellations are
honoured at least three weeks before the booked date however only 30% of the total
down payment will be returned. (Daily Rate: 700/day; Weekly Rate: 500/day)
b.) MONTHLY RENTAL RATE: The 30 days/month(s) rental rate for the leased premises
shall be in PESOS: Nine Thousand (P 9,000), Philippine Currency including association
dues ONLY. All rental payments shall be in form of CASH and or DATED CHECK. For
CASH payments, payments must be deposited to the LESSOR’s bank account on or
before the 15th of each month. Failure to pay on or before the given day shall incurr 1%
penalty per day delayed. Moreover, failure to pay monthly rent for two consecutive
months and/or despite reminders and coordination of LESSOR may result to a lockout of the LESSEE from the unit until the due amount is settled.
c.) CASH BOND: (For Short-term LESSEE) That the LESSEE shall pay the LESSOR (PhP
5,000.00) five thousand pesos as security deposit and electricity bond upon actual
turn-over of the unit. Electric consumption is charged on a per usage basis. Should
the total actual consumption be more than the CASH BOND, overage shall be charged
accordingly. Moreover, should there be damages on the furnitures and/or fixtures, the
said damages shall also be deducted to the cash bond. In the event that the cash bond
would not suffice for the total damages concurred, the LESSOR has the right to
demand outright payment for the said item/s.
d.) DEPOSIT AND ADVANCES: For long term lease, a 1 month deposit and 1 month
advance is needed upon confirmation of the lease agreement. The 1 month advance
shall apply to the last month payment of the contract, while the 1 month deposit shall
be used to cover repair/ refurbish of the unit. Unpaid bills/utilities incurred by the
LESSEE may be deducted from the desposit ONLY if the remaining amount of the
deposit shall suffice. Otherwise, the LESSOR shall have every LEGAL right to demand
payment from the LESSOR for unpaid bills.
4. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, (apart from the
agreed number of occupants), neither shall the LESSEE assign its rights hereunder to any other
person or entity and no right of interest thereto or therein shall be conferred on or vested in
anyone by the LESSEE without the LESSOR'S written approval.
5. PUBLIC UTILITIES: The lease amount shall cover for the consumption of cable TV bill, water,
association during the duration of the lease, and shall be paid by the LESSOR.
6. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged
by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause
of acts of God, as to render the leased premises during the term substantially unfit for use and
occupation of the LESSEE, then this lease contract may be terminated without compensation by
the LESSOR or by the LESSEE by notice in writing to the other.
7. LESSOR'S RIGHT OF ENTRY: The LESSOR shall, after giving due notice to the LESSEE shall
have the right to enter the premises in the presence of the LESSEE or its representative at any
reasonable hour to examine the same or make repairs therein or for the operation and
maintenance of the building or to exhibit the leased premises to prospective LESSEE, or for any
other lawful purposes which it may deem necessary.
8. ORDINANCES AND STATUTES: The LESSEE shall comply with all statutes, ordinances and
requirements of Soho Central and all municipal, state, and national authorities now in force, or
which may hereafter be in force, pertaining to the use of the LEASED PREMISES.
9. PROHIBITIONS: The LESSEE shall not bring into or store in the LEASES PREMISES anything
obnoxious or of highly flammable nature or explosive materials, nor install apparatus, machinery
or equipment which may cause tremors or noise, or expose the leased premises to fire and
increase the fire hazard of the building. Likewise, use of illegal drugs such as marijuana, cocaine,
shabu and alike is strictly prohibited.
10. LIABILITY FROM SUITS, ETC.: The LESSEE shall indemnify and hold harmless the said
LESSOR against all actions, suits, damage and claims by whomsoever that may be brought or
made by reason of the non-observance or non-performance of the said rules, regulations,
ordinances or laws or of any of the covenants of this section, without prejudice to the right of the
LESSOR to cancel this lease in accordance with the penal provision hereinafter contained.
11. LOSS: The LESSOR shall not be held accountable or liable for any loss or losses that may be
suffered by the LESSEE in the leased premises, robbery, or other crimes
12. THE LESSOR SHALL NOT BE LIABLE NOR RESPONSIBLE:
a.
For presence of bugs, vermin, ants, termites, insects, if any in the LEASED
PREMISES.
b.
For the failure of water supply and/or electrical current;
c.
For any injury, loss or damage which the LESSEE , his agents or employees might
sustain in the LEASED PREMISES due to any cause whatsoever;
d.
For any damage or occasioned by, or arising from plumbing, gas, water and/or
other pipes, nor for any damage arising from negligence of the LESSEE or by its agents,
representatives or and all other persons.
e.
For any damage which may be caused to the person or property of third persons
while remaining either casually or on business in any part of the LEASED PREMISES to the
LESSEE, and the LESSEE further binds itself to hold the LESSOR free and harmless for any such
claim for injury or damage.
13.
FIRE:
In case of damage to the LEASED PREMISES or its appurtenances by fire, earthquake or
any unforeseen cause, the LESSEE shall give immediate notice to the LESSOR. Should the leased
premises be damaged by fire or other cause without fault or negligence of the LESSEE, or its
agents, visitors or representative, the damage shall be repaired at the expense of the LESSOR, as
speedily as possible, after such notice; but if the leased premises be so nearly destroyed as to
make it untenable without the neglect of the LESSEE, either party may demand the recession of
this contract. No compensation or claim shall be allowed against the LESSOR by reason of
inconvenience, annoyance or injury to the business arising out of necessity of repairing any
portion of the leased premises, whenever the necessity may arise.
14.
MAINTENANCE
The LESSEE shall keep/maintain the LEASES PREMISES as orderly and proper as
possible. Now, therefore the following are prohibited:
a.
Throwing of objects that may clog the pipes, toilet bowl, kitchen and bathroom sink
such as left over foods, cooking oil, tissue paper and other similar items.
b.
Smoking within the building and the leased premises.
c.
Any form of vandalism.
d.
All other that may damage the property.
Moreover, all other rules and regulations provided for in the House Rules of the
Condominium especially in the use of the facilities of the condominium.
e.
Should there be any appliance, equipment of property damaged/lost which are
duly acknowledged as complete, in good working condition and functional in the check
list of equipment/materials, the LESSOR has the right to charge the LESSEE its
amount
.
15. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof,
as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all
corresponding keys and in as good and tenable condition as the same is now, ordinary wear and
tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Noncompliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the
latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent
there from at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall
have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails
to leave the premises after the expiration of this Contract of Lease or termination for any reason
whatsoever.
16. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief
against the other, the losing party shall pay an amount of One Hundred (100) % of the amount
claimed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos
in addition to other cost and damages which the said party may be entitled to under the law.
17. This CONTRACT OF LEASE shall be valid and binding between the parties, their successorsin-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.
Fe D. Donor
LESSOR
_________________________
LESSEE
Signed in the presence of:
_____________________________
______________________________
ACKNOWLEDGEMENT
Republic of the Philippines)
_________________________) S.S
BEFORE ME, personally appeared:
Name
I.D. Number
Place Issued
Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.
This instrument consisting of ____ page/s, including the page on which this acknowledgement is
written, has been signed on each and every page thereof by the concerned parties and their
witnesses, and and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
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