Вы находитесь на странице: 1из 5

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Makati this 13th of December 2036 by and between:

JUAN DELA CRUZ, Filipino, of legal age, with address at 555, Tuna St., Oceania Manila, hereinafter referred to as the
LESSOR;

-AND-

ABU TSIKI, of legal age, Chinese citizen, a resident of Unit 888, Chingdong Towers, 619 Mysterio St., Mandaluyong,
hereinafter referred to as the LESSEE;

WITNESSETH: That

WHEREAS, the LESSOR is the registered and absolute owner of a condominium unit at UNIT 747, BOEING TOWER-
F, SOUTH RAMBO, MAKATI, consisting of ONE BEDROOM, corner unit with two (2) toilets and baths herein after
referred to as the LEASED PREMISES.

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same.

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: The LEASED PREMISES hereby leased shall be used exclusively by the LESSEE for residential purposes
only and shall 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. LEASE PERIOD: The Contract shall be for the period of ONE (1) YEAR commencing on January 10, 2037 and ending
on January 09, 2038 with option to renew upon mutual written agreement between the LESSOR and the LESSEE and
upon THIRTY (30) DAYS NOTICE BEFORE EXPIRATION OF THE CONTRACT. Renewal will be subject to negotiation and
mutual agreement between both parties.

3. RENT AND DEPOSIT: The monthly rental for the LEASED PREMISES shall be FIFTEEN THOUSAND PESOS (Php
15,000.00) excluding monthly association dues and real estate tax for common area. All rental payments shall be
payable to the LESSOR.

Upon signing this Contract, the LESSEE shall pay the LESSOR the sum of ONE HUNDRED TWENTY THOUSAND PESOS
(P120,000.00) IN CASH to be applied as follows:

3.1) The sum of NINETY THOUSAND PESOS (P90,000.00) as 6-months advance rental excluding monthly
association dues and real estate tax for common area for the period of July 10, 2019 to January 09, 2020.
The LESSEE shall be responsible for remitting the association dues and the real estate tax for common area
to the condominium association of the LEASED PREMISES on or before its monthly due date.

3.2) The sum of THIRTY THOUSAND PESOS (P30,000.00) as security deposit for the faithful compliance by
the LESSEE of the covenants hereof and to answer for any bills for electricity, water, cable, internet, missing
items, or damaged items written in the list of inventory, and for any damages to the LEASED PREMISES,
natural wear and tear excepted, if any. Such amount shall be deducted from this deposit and the balance
shall be refunded in THIRTY (30) to SIXTY (60) DAYS by the LESSOR to the LESSEE or its designee from the
expiration of this Contract, and upon the settlement of such accounts. Said deposit shall in no case be
applied as rental. This provision is EXCLUSIVE ONLY for the LESSEE who faithfully finished and comply in
the contract. This does not apply to pre-termination. See Provision 15 for Pre-Termination Terms.

3.3) Next Payment will be included in the Schedule of Payment attached as ANNEX B.
4. UTILITIES: All expenses for gas, water, electric current, cable, internet fees, and other public utilities now installed
or herein after to be installed shall be for the account of the LESSEE.

5. USE OF PREMISES: The LEASED PREMISES shall be used only for the residential purposes by the LESSEE and
members of her family and household helpers up to maximum regular occupants of THREE (3) persons. Exceeding
the maximum regular occupant of THREE (3) persons shall be a valid reason for the termination of this contract.

5.1) Any house rule violation/penalty by the building administration caused by the LESSEE or occupant shall
be the LESSEE’s liability.

5.2) The LESSEE shall not keep or store upon the said LEASED PREMISES any arms, ammunition, gunpowder,
saltpeter, kerosene, or any article or substances of combustible, inflammable, or dangerous nature
excepting those of domestic in nature. The LESSEE is PROHIBITED to use the premises for Prostitution,
Gambling, Cabaret, Smoking Dens, all Prohibited Drugs and Manufacturing, Liquor, Smuggling, or other
purposes prohibited or made illegal by LAW Order or Ordinances.

The LESSOR hereby expresses to the LESSEE prior to signing of the contract that the above prohibition is not being
tolerated. Once reported or found out that the residence is being used for illegal purposes or any of the above
prohibition, the LESSEE shall solely bear all criminal and civil damages and this Contact of Lease will be terminated
at once, forfeiting all advances and security deposit as liquidating damages.

6. SUB-LEASE: The LESSEE may NOT assign or sublease the LEASED PREMISES without the written consent of the
LESSOR.

7. IMPROVEMENTS: The LESSEE shall not make any permanent major structural changes, alterations, or
improvements in the LEASED PREMISES without the written consent of the LESSOR; however, any major alterations
or improvements made or introduced by the LESSEE in the LEASED PREMISES with the written consent of the LESSOR
shall upon termination or expiration of this Contract automatically inure to the benefit of the LEASED PREMISES and
become property of the LESSOR without any obligation on the latter’s part to pay for its value or cost to the LESSEE.
The following are not allowed without any consent from the LESSOR:

7.1) Changing of Any Door Locks of the leased premises.


7.2) Rearranging the Current Interior Set Up of the leased premises.
7.3) Drilling a hole or holes in the wall of the leased premises.

8. SANITATION AND REPAIRS: The LESSEE shall keep the LEASED PREMISES clean, sanitary, and at all times in very
good condition.

Quarterly service and cleaning of the air conditioners and grease trap in the LEASED PREMISES shall be for the
account of the LESSEE.

The LESSEE shall repair, replace, or restore (major or minor) damages in the LEASED PREMISES arising from the fault
or negligence of the LESSEE or any member of his household, live-in guests or visitors at her expense.

ONE THOUSAND PESOS (PHP 1,000.00) shall be charged to the LESSEE when contract ends for general cleaning
service of the LEASED PREMISES.

9. FIRE HAZARD AND OBNOXIOUS SUBSTANCE: The LESSEE shall not keep, deposit, or store in the LEASED PREMISES
any noxious or inflammable material or substance that might constitute a fire hazard.

10. TAXES AND INSURANCES: Yearly real estate tax of the unit, government assessments, and fire insurance charges
on the LEASED PREMISES shall be for the LESSOR’s account.

11. THIRD PARTY LIABILITY: The LESSEE, during its occupancy of the LEASED PREMISES, shall hold the LESSOR free
and harmless from any damage or liability or responsibility to any person or property arising out of or as a
consequence of the use of the LEASED PREMISES by the LESSEE, its agents, employees, domestic help, and guests.
However, when such damage or liability is caused by fortuitous events such as typhoon, earthquake, flood, etc.,
which are beyond the control of the LESSEE, the latter shall not be liable to the LESSOR or any third party.

12. RULES AND REGULATIONS: The LESSEE agrees to abide by the existing rules and regulations promulgated by the
Condominium Association of the LEASED PREMISES and any other laws, ordinances, rules and regulations
promulgated by the competent authorities affecting the occupancy of the LEASED PREMISES.
13. SALE, TRANSFER, AND MORTGAGE: In the event of sale, transfer, mortgage, or any other encumbrance of the
LEASED PREMISES, or any existing sale, transfer, mortgage, or encumbrance of the same, the LESSOR warrants that
the purchaser, mortgagee, or encumbrance shall respect all the terms and shall ensure that the conditions of this
Contract shall be incorporated as integral part of such sale or mortgage including the provisions for renewal thereof,
if any.

14. INSPECTION OF PREMISES: The LESSEE shall maintain the LEASED PREMISES in good tenantable condition and
for such purpose the LESSOR or their authorized agent reserves the right to enter and inspect the LEASED PREMISES
for any purpose which it may deem necessary thereon at the reasonable times and with prior notice to the LESSEE.

15. PRE-TERMINATION and DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such
as when the checks are dishonored or delayed in monthly rent payment for THREE (3) consecutive months, the
LESSOR at its option may terminate this Contract and eject the LESSEE. The LESSOR will charge PHP 300.00 rental
fee /day for the days past due. The LESSOR has the right to enter the LEASED PREMISES when the LESSEE is in default
of payment 7 days from the date it was due. The LESSOR may forfeit whatever rental deposit or advances have been
given by the LESSEE if until that day no payment is received. The SECURITY DEPOSIT and Advance Rental paid will be
forfeited as liquidating damages.

Should the LESSEE be unable to fulfill the full term of this contract, the LESSEE shall inform the LESSOR for the
terminating the lease by giving a THIRTY (30) DAYS written notice to the LESSOR, in which case:

- The LESSEE should settle all outstanding bills for the utilities,
- Any missing items and damages in the unit is not covered by the forfeited security deposit and advance
rentals paid. The LESSEE is liable to replace the missing items, repair the damages in the unit, or settle
payment equivalent to the missing items and/or damages.
- The SECURITY DEPOSIT and ADVANCE RENTAL paid will be forfeited as liquidating damages.

15.1) Any violation of the terms provided for in this Contract on the part of the LESSEE shall be sufficient
ground for the termination of this Contract of Lease upon service of a written notice of termination to the
LESSEE at least SEVEN (7) DAYS from the effective date of termination.

15.2) Should the LESSEE decide to renew this Contract, the LESSEE should advise the LESSOR in writing of
such intention to renew the lease at least THIRTY (30) DAYS prior to the expiration of this Contract.

16. RETURN OF PREMISES: Upon the expiration or termination of this Contract for any reason whatsoever, the
LESSEE shall immediately vacate the LEASED PREMISES and return of LEASED PREMISES in a clean and orderly
manner in the same way it was first received from the LESSOR, wear and tear excepted. The LESSOR may also show
the premises to prospective tenants at least THIRTY (30) DAYS prior to the termination / expiration of this Contract,
at reasonable hours and with prior notification to the LESSEE.

17. FORCE MAJEURE: In the event that the LEASED PREMISES or any part thereof is destroyed or rendered
untenantable by fire, war, civil disturbances, earthquake, flood, typhoon, or any other calamity or through other
causes not attributable to the LESSEE, the LESSEE shall not be responsible for the restoration of the property, it being
understood and agreed upon by the parties that the LESSOR has the sole responsibility to provide against such
contingencies by insurance or other means. In case the LEASED PREMISES have become totally destroyed or
untenantable by reason of any cause above-mentioned, this Contract shall be deemed extinguished and the LESSOR
is obliged to return to the LESSEE all unused advanced rentals, with no further obligation on the part of the LESSEE
to pay rent, unless the LESSOR immediately offers and furnishes the LESSEE another property that is suitable and
satisfactory to the LESSEE. In the event, however, that the LEASED PREMISES are only partially destroyed or rendered
untenantable, the LESSEE may elect either to terminate this Contract of Lease after a TEN (10) DAYS written notice
to the LESSOR with the same consequence as those in the case of total destruction or to remain in the LEASED
PREMISES and pay a proportionately reduced rent that is acceptable to both parties.

The LESSOR shall not be liable to the LESSEE or any other person in respect of any interruption in any of the services
or facilities provided by the LESSOR by reason of necessary repair or maintenance of any installation or apparatus or
damage thereof or destruction thereof by fire, water, acts of God or other causes beyond the control of the LESSOR
or by reason of mechanical or other defect or breakdown or by reason of a strike of workmen or others or a shortage
of fuel, materials, water, or labor.
18. WARRANTIES OF THE LESSOR: The LESSOR warrants that: (a) it has good and valid title to the LEASED PREMISES
and the properties listed in Annex A and that all are free from any liens and encumbrances except those disclosed
by the LESSOR in writing to the LESSEE upon the execution of this Contract, if any; (b) there is no litigation, actual,
pending, or threatened, involving the LEASED PREMISES and the properties listed in Annex A and no event has
occurred which could give rise to any of the foregoing litigation or threats thereof; and (c) its accounts with the
Condominium Association of the LEASED PREMISES are updated and in good standing.

19. 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 PERCENT (100%) of the amount claimed in the complaint as
attorneys’ fees which shall in no case be less than FIFTY THOUSAND PESOS (P50,000.00) in addition to other costs
and damages which the said party may be entitled to under the law.

20. PRIOR TO OCCUPANCY AGREEMENT: Prior to move-in, it was agreed that the LESSOR shall include the necessary
items as agreed upon in the Inventory List – Annex A.

21. GENERAL PROVISIONS:

21.1) Each party agrees to do all things and execute all deeds, instruments, transfers, or other documents
as may be necessary or desirable to give full effect to the provisions of this Contract and the transactions
contemplated by it.

21.2) This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties
and their successors and assigns.

21.3) The parties warrant their capacity and authority to execute this Contract and that of their
representatives.

21.4) All written notices, consents, and permissions under this Contract shall be sent to the address of the
addressee as stated in the first page of this Contract, unless either party notifies the other party in writing
of any change in its address.

21.5) Any dispute arising from this Contract shall be settled amicably by the parties. If a party considers that
a dispute has arisen, it shall notify the other party in writing. Such written notice shall specify the particulars
of the dispute. Within FIFTEEN (15) DAYS from the other party’s receipt of the notice, the duly authorized
representative of each party must meet and attempt to settle the dispute (“Meeting”). If the parties fail to
reach an amicable settlement within FIFTEEN (15) DAYS from the Meeting, each party may proceed to avail
of all other legal remedies available to it under Philippine Law, including institution of suits and actions
against the other party. The parties agree that all such suits and actions shall be submitted to the courts of
Pasay City, to the exclusion of all other courts and venues.

21.6) This Contract shall not be deemed to have been modified or canceled in whole or in part, except by
express written agreement of the parties.

21.7) If any provision of this Contract shall be declared invalid or illegal for any reason, the other provisions
of this Contract shall remain in full force and effect.

21.8) No failure or delay to exercise any right or remedy hereunder shall operate as a waiver thereof, and
no waiver shall be deemed to have been made unless expressly in writing.

21.9) This Contract contains the entire agreement and understanding between the parties hereto relating
to the subject matter hereof and supersedes all other prior agreements.

21.10) This Contract may not be assigned by operation of law or otherwise without the written consent of
the other party, which consent shall not be unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties hereto have signed these premises on the date and at the place first
above mentioned.

____________________________________ ____________________________________
LESSOR LESSEE
JUAN DELA CRUZ ABU TSIKI

WITNESS:

____________________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


) SS

BEFORE ME, at _________________, Metro Manila, this ______________________ 2037, personally


appeared the following persons with their credentials as illustrated below, known to be the same persons who
executed the foregoing instrument and who acknowledged to me that the same is their free and voluntary act and
deed.

Name Identification Card ID Number


JUAN DELA CRUZ UMID 015-777-0919-8
ABU TSIKI

The instrument consists of five (5) pages, including the page whereon this Acknowledgment is written, and signed
by the parties and their instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

NOTARY PUBLIC

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2037.

Вам также может понравиться