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CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:


This Contract of Lease executed and entered into this day of _______ in the City of
Manila, Philippines by and between;
_______________________, of legal age, Married, Filipino and with postal address
at ________________________________________________________________, hereinafter
referred to as the LESSOR;
And
___________________, of legal age, and an employee a ______________________,
hereinafter referred to as the LESSEE

ACKNOWLEDGES THAT:
For the consideration of the payment of the lease rentals and the faithful
compliance by the LESSEE of all the conditions and the covenants of this Contact, the
LESSOR has agreed to lease unto the LESSEE, and the latter has agreed to accept, as it
hereby accepts under lease, _____________________________________________ owned
by the LESSOR, hereinafter referred to as the LEASED PREMISES.

1. LEASED PREMISES
a) The lease shall be for the period of One (1) Year(s) commencing on
____________, and ending on ____________. This lease may be
renewed upon terms and conditions mutually agreed upon by both
parties, provided that the LESSEE gives a written notice to the LESSOR
of his/her desire to renew the lease at least sixty (60) days before the
expiration of the Leased Period.
b) Should the LESSEE with express written consent of the LESSOR
continue to enjoy or hold over the LEASED PREMISES notwithstanding
the expiration of the Leased Period herein agreed such hold over shall
be construed as a tenancy from month to month upon the same terms
and conditions as herein contained. The LESSEEs right to continue
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possession under this agreement shall terminate at the end of each


month without necessity of demand. No implied new lease is created.
c) If the LESSEE holds over the LEASED PREMISES notwithstanding the
expiration termination or cancellation of the contract without the
consent of the LESSOR as stipulated above and/or the LESSEE
continue occupying the LEASED PREMISES against the wishes of the
LESSOR, the LESSEE shall be liable for and shall pay the LESSOR by
way of liquidated damages, for such occupancy or unauthorized use, an
amount equivalent to two (2) times the monthly rentals stipulated herein
for each month of occupancy or a fraction thereof, provided further that
the payment of the LESSEE of such liquidated damages shall not be
considered as payment of rentals nor shall it be considered to extend or
renew this contract and the LESSOR does not in any manner lose its
right to eject the LESSEE from the LEASED PREMISES.
2. RENTAL
a) The monthly

rental

on

the

LEASED

PREMISES

shall

be

______________________. Upon the execution of this contact, the


LESSEE shall pay the LESSOR advance Rental of one (1) month which
apply to the 1st month of the Lease Period in the amount of
______________________.
b) Moreover, the LESSEE shall issue eleven (11) postdated checks (PDC)
to cover the monthly rentals of the remaining months of the Leased
Period or pay in cash every end of the month.
c) In case any check that the LESSEE issued for any month bounces, the
LESSEE shall pay the LESSOR in interest at the rate of 4% per month to
be computed on a compounded basis until fully paid and the LESSOR
shall have the right to disconnect all facilities like electricity, water,
telephone without notice to the LESSEE. In case of thirty days arrears,
this contract shall automatically be terminated, the LESSEES one (1)
month deposit (paragraph3a) will be forfeited and the LESSOR has the
right to enter the premises either by force or otherwise without being
liable to prosecution and negotiate to new prospective clients.
d) Non-compliance of any requirements stated in the contract within (30)
days from the date of signing, the contract shall be deemed void.

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e) Failure of the LESSEE to continue the Leased Period as stated in


paragraph1a would mean forfeiture of the SECURITY DEPOSIT.

3. SECURITY DEPOSITS
a) Upon the execution of this Contract, the LESSEE shall deposit to the
LESSOR the amount equivalent to the SEVENTEEN THOSUAND PESOS
ONLY (Php 17,000.00) receipt of which is hereby acknowledged by the
LESSOR, which shall answer for utility bills and damages that are
attributable to other than natural wear and tear and acts of God. This
security deposit shall be separate from the one (1) month advance
rental that the LESSEE shall pay upon entering the premises provided
under paragraph2 hereof, such damages and unpaid rentals/utility bills
shall be deducted from this security deposit and the balance, if any,
shall be refunded to the LESSEE in accordance with paragraph3b
below, provided however that this guarantee/security deposit shall not
be applied to payment of the current rentals during the term of this
Contract. Such amount less the amounts covering unpaid utility bills
and damages to the premises aforementioned, will be refunded to the
LESSEE not later than sixty (60) days after the LESSEE vacates the
premises.
b) It is expressly agreed that the LESSOR, not later than sixty (60) days
after the final termination of this contract shall provide the LESSEE with
written statements of account complete with receipts for public utilities
and other supporting documents that shall record in detail now the one
(1) month security deposit stipulated in paragraph3a of this contract
was applied to the payment of the utility bills of the LESSEE as
mentioned in paragraph4 including damage to the LEASED PREMISES
which are attributable to the LESSEEs fault or negligence.
4. UTILITIES
The LESSEE shall pay or defray any and all costs for water, electricity,
telephone and other utilities used by the LESSEE during the Leased
Period to be paid directly to MWSI, MERALCO, and PLDT, respectively.
The LESSEE renders the LESSOR free and harmless from any liability
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or

responsibility

arising

from

non-payment

of

any

of

the

aforementioned utility bills.


5. USE OF LEASED PREMISES
It is understood and agreed that the premises herein leased shall be
used exclusively by the LESSEE for Residential purposes and no other
purpose, in accordance with the House Rules and Regulations of the
unit owners association herein and made part of this Contract as an
Addendum hereof; provided however, that if at any time during the
existence of the lease and without prior written consent of the
LESSOR, the said premises are used for other purposes not previously
stated in the application to the lease and in the Contract of Lease, then
the LESSOR has the choice to rescind this Contract and terminate the
lease pursuant to paragraph21 hereof;
6. MAINTENANCE AND CARE OF LEASED PREMISES
The LESSEE hereby expressly acknowledges that the LEASED
PREMISES are in good and tenantable condition, agrees and
undertakes to keep and maintain the LEASED PREMISES in a clean
and sanitary condition as required by the House Rules and Regulations
of the unit owners association herein and made part of this contact as
an Addendum hereof.
7. REPAIRS
The LESSEE shall, at its sole cost and responsibility, keep and
maintain the LEASED PREMISES and appurtenances and every part
thereof (except exterior walls, roofs including glazing, frontage and
interior of the said LEASED PREMISES), in good and sanitary order
and repair. The LESSEE hereby accepts that the LEASED PREMISES
are in good and sanitary condition and repair and agrees on the last
day of the said term upon sooner termination of the lease, to surrender
unto the LESSOR the LEASED PREMISES with the said appurtenances
as the same condition as when received, save reasonable wear and
tear.

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8. ALTERATIONS AND IMPROVEMENTS


Except in cases provided for in paragraphs6 & 7 thereof, the LESSEE
shall make no major structural changes, permanent alteration and
improvements of any nature whatsoever on the LEASED PREMISES or
to any part thereof without previous written consent of the LESSOR
and/or the unit owners association; When such changes, alterations
or improvements are made pursuant hereto, and when such cannot be
removed without material damage being caused to the LEASED
PREMISES, the same shall become the property of the LESSOR upon
the expiration of the lease without the need to reimburse the LESSEE
thereof.

9. FORTUITUOUS EVENTS
The LESSOR shall not be liable for the damages caused by natural
elements or any loss, damage, or destruction cased to the LESSEE in
the LEASED PREMISES due to fire, earthquakes, typhoons, floods or
any other fortuitous events.

10. FIRE
In the event the LEASED PREMISES or any part thereof are destroyed
or rendered untenable by fire, war, civil, disturbance, earthquake,
floods, typhoons, calamities or other acts of God or man which is not
attributable to the fault or negligence of the LESSOR, his family,
employees or persons under his supervision or control, the LESSEE
shall not be responsible for the restoration of the property. In case
the LEASED PREMISES have become totally destroyed or untenable
by reason of any causes above mentioned, this Contract of lease
shall be automatically extinguished and the LESSOR is obliged to
return to the LESSEE the security deposit herein with no further
obligation on the part of the LESSEE to pay the rent. In the event,
however that the LEASED PREMISES are only partially destroyed or
untenable, the LESSEE may elect to either terminate this lease
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contract after a ten-day written notice to the LESSOR with the same
consequences as those in case of total destruction or to remain in
the LEASED PREMISES and pay for a proportionally reduced rent.
Provided, however, if the fire is caused by the LESSEE or his family,
or maid, the security deposit shall be forfeited in favor of the
LESSOR. Furthermore, any proceeds from the insurance taken on the
said unit or its contents shall be deemed in favor of the LESSOR
regardless of the causes or reasons.
11. INJURY OR DAMAGE
The LESSEE during the period of the lease hereby assumes full
responsibility for any damage which may be caused by its own acts
or omissions, to the person or property of third persons while in any
part of the LEASED PREMISES, and further bind itself to hold the
LESSOR free and harmless in any claim of damages, liability, or
responsibility to any person due to the act, fault, or negligence on the
part of or arising out of as a consequence of the use of the LEASED
PREMISES by the LESSEE, his family, domestic help, agents, guest
employees and other occupants of the LEASED PREMISES.
The LESSOR shall not be liable or responsible:
a) For the presence of bugs, vermin, ants, termites, insects, etc. in
the LEASED PREMISES; or
b) For the failure of water supply and/or electric current and/or
telephone service caused by MWSI, MERALCO or PLDT,
respectively; or
c) For any inquiry, loss or damage which the LESSEE, his family,
domestic help agents, guest or other occupants of the LEASED
PREMISES might sustain in the said premises due to any cause
whatsoever not attributable to the acts of omissions of the
LESSOR, her agents, legal representatives or employees,
d) For any damages arising from the fault or negligence of the
LESSEE, his family, domestic help, employees, agents, guests, or
other occupants of the LEASED PREMISES.
12. OCCUPANTS

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The LESSEE hereby guarantees that the occupants of the LEASED


PREMISES shall be limited those persons whose names shall be
submitted to the LESSOR at the inception of this lease, and abide
with all the terms and conditions of this Contract and occupy the
LEASED PREMISES in accordance with Rules and Regulations of the
unit owners association and made part of this Contract as an
Addendum hereof, provided further that all violation that may be
committed by the said occupants shall be construed as that of the
LESSEE and the LESSOR shall be free to take any and all legal
actions as it may deem fit against either of them or both.
Furthermore, no relatives and or friends shall be allowed to become
occupants of this unit unless with the written request from the
LESSEE and approved by the LESSOR.
13. INSPECTION OF PREMISES
The LESSOR or his authorized representative shall have the right to
enter the LEASED PREMISES at any time for purpose of inspection.
For alterations or repairs, the LESSOR shall inform the LESSEE
ahead of time or submit a written letter to schedule the said
alterations or repairs. The LESSEE has the right to keep his/her
privacy during the LEASE PERIOD.
a) The LESSEE shall also inspection of the unit by prospective
buyers as long as there is prior notice and advice by the LESSOR.
14. ABANDONMENT
If the LEASED PREMISES shall be abandoned or become vacant for
the continuous period of thirty (30) days without written notice of
absence previously given to the LESSOR and with the LESSEE
having provided for the payment of the rentals during the said
absence, in such case the LESSOR shall have the right to enter the
LEASED PREMISES without notice to the LESSEE and or may
padlock the LEASED PREMISES, retain the contents thereof as
security for the payment of the LESSEEs accounts which properties,
the LESSOR may, as attorney-in fact of the LESSEE, dispose of at
public auction or by private sale, the proceeds including the excess
to be applied to such obligations or placed on deposit if necessary
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without prejudice to the LESSORs right to collect the deficiency, if


any from the LESSEE and of to terminate the lease in accordance
with the procedure embodied in the last paragraph.
15. SUBLEASE
The LESSEE shall not assign or sublease the premises including the
parking lot hereby leased to him, or any part thereof. In the event of
sublease, this contract shall be considered null and void and the
security deposit shall be forfeited on favor of the LESSOR.
16. MORTGAGE
The LESSOR reserves the right to mortgage, encumber or sell the
LEASE PREMISES if the creditor or buyer shall undertake to respect
the terms or conditions of this lease. The LESSOR hereby warrants
that in the event that such sale or mortgage of the LEASED
PREMISES occurs, all the terms and conditions embodied in this
Contract of Lease shall be respected and honored by the new owner
or mortgage credit.
17. PETS / EXOTIC ANIMALS
No pets or exotic animals of any kind shall be allowed within the
LEASED PREMISES.
18. NON-WAIVER
The failure of the LESSOR to insist upon the strict performance or
compliance with any of the terms, conditions and covenants hereof
shall not be deemed a relinquishment or waiver of any right or
remedies that the LESSOR may have, nor shall it be construed as a
condonation of any subsequent breach or violation of the terms,
conditions and covenants hereof. No waiver of the LESSOR of any
of his rights and remedies under this contract shall be deemed to
have been made unless expressed in writing and signed by the
LESSOR.
19. RETURN OF LEASED PREMISES
The LESSEE acknowledges receipts of the LEASED PREMISES in
good condition, satisfactory and habitable for the use and purpose
for which the same is intended, and agrees upon the expiration of
the term of the lease, to peacefully vacate the LEASED PREMISES in
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good condition as the time of delivery to the LESSEE, ordinary wear


and tear excepted. If the LEASED PREMISES are not surrendered at
the expiration of the LEASE PERIOD or any extension or renewal
thereof, or upon termination of this contract, the LESSEE shall be
responsible to the LESSOR for any and all damages which the
LESSOR may suffer by reason thereof, and indemnify the LESSOR
against any and all claims made by succeeding tenant against the
LESSOR resulting from the delay by the LESSEE in delivering the
possession of the LEASED PREMISES to such succeeding tenant,
insofar a delay is occasioned by the failure of the LESSEE to
surrender the LEASED PREMISES.
20. PENAL PROVISIONS
That should the LESSEE fail to fully pay on time the rent herein
stipulated and or the utility charges fixed or any other financial
obligation of the LESSEE stipulated herein and or if the LESSEE
violated any of the terms and conditions stipulated in this Contract,
the LESSEE hereby authorizes the LESSOR to padlock the LEASED
PREMISES, retain the contents thereof as security for the payment
of the LESSEEs accounts and or terminate the lease and the
LESSEE hereby specifically empowers the LESSOR (a) to open the
LEASED PREMISES, employing force, if necessary, in the presence
of at least one (1) police officer; (b) make an inventory of the
contents thereof; (c) remove all personal properties found therein;
and (d) retain the same as security for the payment of any account
as provided herein above, without the need of filing any action for
ejection, and henceforth, the LESSOR shall have the right to lease
the premises to any interested party.
It is further understood and agreed upon by the parties that any personal
properties that may be retained by the LESSOR in accordance with this
paragraph may be sold at public auction pursuant to the provisions of
Article 2121 of the Civil Code, and the proceeds thereof may be applied to
indebtedness of the LESSEE without resorting to judicial action and the
balance on the proceeds of the said sale, if any shall immediately be
remitted to the LESSEE.
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In case of court litigation, it is understood that the proper court of the City
of ________ shall have jurisdiction, the parties voluntarily and expressly
waiving any and all other venues.
Should the LESSOR be compelled to seek judicial relief, the LESSEE shall
pay an amount equivalent to 20% of the total amount claimed as attorneys
fee (but not less than P25,000.00) aside from any and all damages, actual
or consequential, resulting from such default, breach or violation of any
condition or warranty wherein stipulated plus the cost of the litigation and
other expenses which the law may entitle the LESSOR to recover from the
LESSEE.
The LESSEE hereby fully understands all the terms and conditions being
stipulated on the contract.
IN WITNESS THEREOF, the parties have caused these present to be signed a
date and placed here in above first mentioned.

__________________________
LESSOR

NEW TENANTS NAME


LESSEE

SIGNED IN THE PRESENCE OF:

___________________________

_________________________

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ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA

) S.S.

BEFORE ME, the Notary Public_______________________


With

CTC

No.

__________________________

issued

at

______________________________ personally appeared On _________________________


and with CTC No. _________________________
Issued at ________________________ on _______________________, known to me and
known to be the same persons who executed the foregoing instrument, and attested to
me that the same is their free and voluntary deed.
WITNESS MY HAND AND SEAL this______ day of _______ at the place above
written.
Doc. No. ____
Page No. ____
Book No. ____
Series of ____

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