CONTRACT OF LEASE
This Contract of Lease (“this Contract”) is made and executed at the Municipality
of Candelaria, this day of _______________, 20__, by and between:
(1)
[NAME OF LESSOR], Filipino, of legal age, and with residential address
at [Address] (the “LESSOR”); and
(2)
[NAME OF LESSEE], Filipino, of legal age, and with residential address at
[Address] (the “LESSEE”).
Recitals
(A) LESSOR is the owner of a residential property situated at [Address of property to
be leased] (the “Apartment”).
(B) LESSEE desires to lease the Apartment and the LESSOR is willing to lease the
same subject to the terms and conditions specified in this Contract.
NOW THEREFORE, for and in consideration of the payment of rents and other
sums due hereunder, and the faithful compliance with all the conditions and
covenants hereinafter contained, the LESSOR hereby leases and lets unto LESSEE,
and the latter does hereby accept under lease, the Apartment subject to the
following terms, covenants, conditions and restrictions:
TERMS AND CONDITIONS
1. PURPOSE: The Apartment shall be used exclusively by the LESSEE as a private
residence only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the Apartment is used for other purposes, the LESSOR shall have
the right to terminate this Contract without prejudice to its other rights under the
law and shall result in the automatic forfeiture of the advance rental and security
deposit in favor of LESSOR.
2. TERM: The term of the lease is for ONE (1) YEAR commencing on [Date] and
expiring on [Date].
3. RENTAL RATE: The monthly rental rate for the leased premises shall be
[AMOUNT IN WORDS] PHILIPPINE PESOS (Php__0,000.00). All rental payments shall
be paid to LESSOR on or before the fifth day of the month on which rent is due. For
example, rent due for the month of May shall be paid on or before May 5.
4. ADVANCE RENTAL: Upon execution of this Contract and prior to move-in, the
LESSEE agrees to pay in advance two (2) months’ rent which will be applied to
rental payments for the last two (2) months of the lease term.
5. SECURITY DEPOSIT: Upon execution of this Contract and prior to move-in, the
LESSEE agrees to pay a security deposit in an amount equivalent to one (2) month’s
rent, as security for the faithful compliance by the LESSEE of all terms and
conditions of this Contract and for the return of the Apartment in good and proper
condition, and to answer for any and all repairs or damages to the Apartment and
other liabilities of the LESSEE under this Contract, including unpaid utilities such as
water, electricity, telephone, internet and cable TV. This security deposit cannot be
applied by the LESSEE to any unpaid rental(s) or to any other liability of the LESSEE
to the LESSOR. The security deposit shall, unless the same is subject to forfeiture
under this Contract, be refunded to the LESSEE, without any interest thereon and
less the allowable deductions herein, within sixty (60) days after the expiration of
the lease and after the LESSEE has moved out of and vacated the Apartment,
whichever is later.
6. UTILITY SERVICES: All charges for water, electricity, telephone, internet, cable
TV and other utility services to the Apartment shall be for the sole account of the
LESSEE. The LESSEE shall promptly pay all utility charges directly to the utility
company concerned. The LESSOR will not be liable for the discontinuance of or
interruptions in utility services to the LESSEE due to any cause or reason
whatsoever.
7. LOSS: The LESSOR is not liable to any resident, guest, or occupant for injury,
damage, or loss to person or property, from any cause including fire, smoke, rain,
flood, water leaks, lightning, wind, explosions, interruption of utilities, pipe leaks,
theft, negligent or intentional acts of resident, occupants, guests, or criminal
conduct of other persons including theft, burglary, assault, vandalism or other
crimes.
8. FORCE MAJEURE: If whole or any part of the Apartment 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 Contract
may be terminated without compensation by the LESSOR or by the LESSEE by
notice in writing to the other.
9. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the
rent, the LESSOR at its option may terminate this contract and exercise its rights
under clause 16.
10. SUB-LEASE AND ASSIGNMENT: It is expressly understood and agreed that
the personal character of the LESSEE and the nature of occupancy of the Apartment
are special considerations for LESSOR’s grant of this lease to the LESSEE.
Accordingly, the LESSEE shall not assign or transfer its rights under this Contract,
nor sublease all or any part of the Apartment or enter into any arrangement
whereby the use or possession of any part of the Apartment is transferred to any
person without the prior written consent of the LESSOR.
11. CONDITION OF THE PREMISES AND ALTERATIONS: The LESSEE
acknowledges to have received the Apartment in a clean, safe, and good working
condition. The LESSEE shall not make any alteration, addition, or improvement
within the Apartment or in any of the common areas, without the prior written
consent of LESSOR. No holes are allowed inside or outside the Apartment. Only
items using non-permanent or removable adhesive strips or tapes may be placed on
the walls, floors, or ceiling of the Apartment. Any improvements to the Apartment
(with or without LESSOR’s consent) shall become property of the LESSOR unless
agreed otherwise in writing. The LESSEE must use customary diligence in
maintaining the Apartment and not damaging or littering the common areas.
12. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent 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.
13. RENEWAL: Upon its expiration, this Contract may be renewed under such
terms and conditions as may be mutually agreed upon by both parties. LESSEE shall
give thirty (30) days’ prior written notice to LESSOR of its intention to renew. In the
event no renewal is agreed upon, LESSEE must vacate Apartment on the date of
expiration of lease for turn-over to LESSOR.
14. PRE-TERMINATION: Pre-termination of this Contract by LESSEE shall result in
the forfeiture of the advance rental and security deposit.
15. EXPIRATION OF LEASE: At the expiration of the term of this lease or
termination thereof, as herein provided, the LESSEE shall promptly deliver to the
LESSOR the leased premises with all corresponding keys and in as good, clean,
sanitary, and tenantable condition as the same is now, ordinary wear and tear
excepted, devoid of all occupants, movable furniture, articles and effects of any
kind.
16. REMEDIES FOR BREACH: If the LESSEE violates any of the terms or conditions
of this Contract, the LESSOR may, in addition to any other remedies or recourse
prescribed by law, pursue any or all of following remedies, simultaneously or
successively, as follows:
(a) To terminate this Contract without the need of any prior notice, demand or
judicial declaration;
(b) To immediately repossess the Apartment without the necessity or instituting any
judicial or court action. In this connection, the LESSEE hereby names, constitutes,
and appoints the LESSOR, its authorized agents, employees, and/or representatives,
as its attorney-in-fact, with full power and authority, to open, break-open, padlock,
enter, occupy, secure, the Apartment, to clean up, make repairs in, and re-let the
premises, remove property left in the Apartment and to take such other steps and
employ such other means to enable the LESSOR to take full and complete physical
possession and control of the Apartment, barring the LESSEE from entering the
Apartment.
The LESSEE hereby expressly agrees to hold the LESSOR and/or its authorized
agents, employees, or representatives will be free and harmless from any civil
and/or criminal liability or responsibility for the acts described under this provision.
(c) To demand and receive from the LESSEE payment for any and all unpaid rentals,
fees, charges, damages, and other financial obligations stipulated in, or arising out
of this Contract.
(d) To automatically forfeit the advance rental and security deposit in its favor.
17. JUDICIAL RELIEF: Should the LESSOR be compelled to seek judicial relief
against the LESSEE in order to enforce any or all its rights under this Contract, the
LESSEE, in addition to any other damages that may be awarded by the court, shall
pay an amount of twenty five percent (25%) of the amount clamed in the complaint
as attorney's fees which shall in no case be less than Fifty Thousand Philippine
Pesos (Php50,000.00) in addition to other cost and damages which the said party
may be entitled to under the law. The parties hereby agree to submit any action
arising from or incident to this Contract to the jurisdiction of the proper courts of
Lucena City only, to the exclusion of all other courts.
18. SUCCESSION: This CONTRACT OF LEASE shall be valid and binding between
the parties and their successors-in-interest.
IN WITNESS WHEREOF, the parties herein affixed their signatures on the date
and place above written.
(Name of Lessor)
LESSOR
(Name of Lessee)
LESSEE
Signed in the presence of:
_____________________________
______________________________
ACKNOWLEDGEMENT
Republic of the Philippines)
_________________________) S.S
BEFORE ME, personally appeared:
Name
Government Issued ID
Date/Place Issued
(Name of Lessor)
(Name of Lessee)
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___.