Residential Lease Agreement - Template, Sample Form Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE (the "Agreement") is made and executed at the City/Municipality of ________, Province of ________, this ________, by and between:
________, Filipino, of legal age, single, with postal address at ________, and bearing Tax Identification No. ________, hereinafter referred to as the LESSOR;
-and-
________, Filipino, of legal age, single, with postal address at ________, and bearing Tax Identification No. ________, hereinafter referred to as the LESSEE.
(The LESSOR and the LESSEE are hereinafter collectively referred to as the "Parties" and individually as a "Party.")
WITNESSETH: That —
WHEREAS, the LESSOR is the absolute and registered owner of the "LEASED PROPERTY," a ________-bedroom residential house situated at ________, covered by Transfer Certificate of Title No. ________ of the Registry of Deeds of ________;
WHEREAS, the LESSOR has offered the LEASED PROPERTY for lease and the LESSEE desires to lease the same for residential purposes;
ART. I. TERM OF LEASE
The lease shall commence on ________ and shall expire on ________, without need of any further notice or demand, with the option to renew under such terms and conditions as may be mutually agreed upon in writing by the Parties.
ART. II. RENTAL FEE
§1. Rate. The LESSEE shall pay for the use of the LEASED PROPERTY the monthly rental of ________ (PHP ________), payable on or before the 1st day of each month, without need of demand.
§2. Increase in Rate. The LESSOR may increase the monthly rental upon expiration of the term hereof, subject to and in accordance with the limitations prescribed under Republic Act No. 9653 and other applicable laws, where the LEASED PROPERTY falls within their coverage.
§3. Association Dues. The LESSEE shall make the timely payment of association dues to the homeowners' or condominium association for the account of the LESSOR, unless otherwise stipulated herein.
§4. Other Inclusions. The rental rate is inclusive of the following: ________.
ART. III. ADVANCE RENTAL AND SECURITY DEPOSIT
Upon the signing of this Agreement, the LESSEE shall pay the LESSOR the sum of ________ (PHP ________), representing one (1) month advance rental, to be applied to the first month of the lease, and one (1) month security deposit.
The security deposit shall answer for any unpaid charges for services and utilities incurred by the LESSEE, for damages to the LEASED PROPERTY (excepting natural wear and tear), and for liquidated damages as provided under this Agreement. The said deposit shall not be applied to rentals during the term hereof. The balance thereof, after due deduction, shall be refunded to the LESSEE, without interest, within thirty (30) days from the complete and peaceful return of the LEASED PROPERTY to the LESSOR.
ART. IV. METHOD OF PAYMENT
The LESSEE shall pay the rentals and all other amounts due under this Agreement by deposit or transfer to the following account:
Account number: ________
Account name: ________
Bank/E-wallet: ________
The LESSOR shall issue the corresponding official receipt for every payment received in accordance with law.
ART. V. CONDITION OF PROPERTY
The LESSEE has inspected the LEASED PROPERTY and found the same to be in good and habitable condition. The LESSEE has likewise found the following furniture, fixtures, and appliances to be in good and working condition:
________
All furniture, fixtures, and appliances included in the LEASED PROPERTY shall be considered part thereof and shall be returned in the same condition, save for natural wear and tear.
ART. VI. USE OF LEASED PROPERTY
§1. Purpose of the Lease. The LEASED PROPERTY shall be used exclusively by the LESSEE for residential purposes and may not be used for any other purpose without the prior written consent of the LESSOR.
The LEASED PROPERTY shall not be used for any illegal purpose or act. Should the LESSEE become aware of any illegal activity therein, the LESSEE shall promptly notify the LESSOR and the proper authorities. The LESSEE shall be responsible for any illegal acts or omissions of the LESSEE's household members, guests, visitors, or other persons allowed by the LESSEE to be in the LEASED PROPERTY, notwithstanding that the LESSEE was not a party to or had no knowledge of the same.
§2. Maintenance and Repairs. The LESSEE shall keep the LEASED PROPERTY in a clean and sanitary condition and shall use and maintain any furniture and/or appliances found therein with the diligence of a good father of a family.
The LESSEE shall report to the LESSOR the need for any necessary repairs as soon as possible but in no case later than forty-eight (48) hours from discovery of the damage or need for repair.
The LESSOR shall make or cause to be made any necessary repairs upon receipt of notice from the LESSEE. Should the LESSOR fail to make or cause to be made any urgent or necessary repairs within three (3) working days from notice, the LESSEE may cause such repairs to be made to maintain the LEASED PROPERTY in a good and habitable condition, for the account of the LESSOR, unless the damage arose from the fault or negligence of the LESSEE or of the LESSEE's household members, guests, or visitors.
Where the damage arose from the fault or negligence of the LESSEE or of the LESSEE's household members, guests, or visitors, the LESSEE shall cause the necessary repairs at the LESSEE's own account, provided that any poor workmanship may likewise be undone at the LESSEE's account.
§3. Improvements and Alterations. The LESSEE shall not make any structural alteration, addition, or improvement to the LEASED PROPERTY without the prior written consent of the LESSOR.
Any major alteration or improvement made without the written consent of the LESSOR shall, upon termination or expiration of this lease, automatically inure to the benefit of the LESSOR without obligation to pay for its cost or value; or the LESSOR may have the same removed at the cost of the LESSEE.
The LESSEE shall not drive nails, hooks, or screws on the walls, ceiling, or floors of the LEASED PROPERTY without the prior written consent of the LESSOR.
§4. Extended Guests. The LESSEE shall not allow any extended guests or persons to de facto reside in the LEASED PROPERTY without the prior written consent of the LESSOR.
§5. Fire Hazard and Hazardous Substances. The LESSEE shall not keep or store flammable, combustible, or explosive materials inside or within the LEASED PROPERTY without the prior written consent of the LESSOR.
§6. Utilities. The LESSEE shall be responsible for the payment of all other services and utilities not included in the rental rate. The LESSEE shall enjoy the use of the inclusions listed above subject to the prompt payment of the monthly rental. The LESSOR shall not be responsible or held liable for any failure to provide such utilities due to circumstances beyond the LESSOR's control.
§7. Short-Term Sub-Rentals; Assignment and Sublease. The LESSEE shall not place the LEASED PROPERTY for any short-term rental, including through online vacation rental platforms, nor assign this Agreement nor sublease the LEASED PROPERTY, in whole or in part, without the prior written consent of the LESSOR, in accordance with Article 1649 of the Civil Code.
§8. Pets. The pet policy for the LEASED PROPERTY shall be as follows:
________
§9. Rules and Regulations. The LESSEE shall abide by the existing and future rules and regulations promulgated by the ________, as well as by all laws, ordinances, rules, and regulations of competent authorities affecting the occupancy of the LEASED PROPERTY.
§10. Locks. The LESSEE shall not alter, replace, or add any lock on the LEASED PROPERTY without the prior written consent of the LESSOR. Any lock so altered, replaced, or installed shall remain part of the LEASED PROPERTY upon expiration of this Agreement, without prejudice to any penalty that may be deducted from the security deposit.
§11. Notice of Absence. The LESSEE shall notify the LESSOR in writing at least two (2) days prior to leaving the LEASED PROPERTY unoccupied temporarily for more than thirty (30) days.
ART. VII. RIGHT OF ENTRY OF LESSOR
The LESSOR or the LESSOR's authorized representative reserves the right to enter the LEASED PROPERTY as follows:
§1. Upon two (2) days' notice to the LESSEE, at reasonable times, to inspect the LEASED PROPERTY; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The LESSEE shall not unreasonably withhold consent upon receipt of said notice. "Reasonable times" shall mean 7:30 a.m. to 8:00 p.m.
§2. In times of emergency, with or without the consent of the LESSEE, for the protection or preservation of the LEASED PROPERTY or for the safety of its occupants.
§3. Upon twenty-four (24) hours' notice to the LESSEE, to make necessary repairs at reasonable times.
§4. At any of the following circumstances: (a) with the consent of the LESSEE; or (b) where the LESSEE unreasonably withholds consent after the foregoing notices.
§5. The LESSOR shall not abuse the right of access nor use it to harass the LESSEE.
ART. VIII. TERMINATION OF THE LEASE BY THE LESSOR
The lease may be terminated, at the option of the LESSOR, under any of the following circumstances:
§1. If the LESSEE assigns or subleases the LEASED PROPERTY, in whole or in part, including the acceptance of boarders or bed-spacers, without the written consent of the LESSOR;
§2. If the LESSEE is in arrears in the payment of rent for a total of three (3) months;
§3. Upon expiration of the lease period, where the LESSOR has a legitimate need to repossess the LEASED PROPERTY for the LESSOR's own use or for the use of an immediate member of the LESSOR's family as a residential unit;
§4. Where there is a need to make necessary repairs to render the LEASED PROPERTY safe and habitable due to an existing order of condemnation by appropriate authorities; and
§5. Upon expiration of the period of the lease.
ART. IX. NOTICE OF TERMINATION BY THE LESSOR
The LESSOR may terminate the lease by sending a written notice of termination, which may include a demand for the LESSEE to surrender and vacate the LEASED PROPERTY. Provided, that where the cause for termination is the legitimate need to repossess the LEASED PROPERTY, the LESSOR shall send written formal notice of the decision to terminate the lease at least three (3) months in advance of the intended repossession.
ART. X. RECEIPT OF NOTICE BY THE LESSEE
All written notices from the LESSOR, including the notice to terminate and the demand to vacate, shall be deemed received on the date of actual receipt by the LESSEE or the LESSEE's authorized representative. Should the LESSEE or such representative refuse to receive said notice, or cannot be found in the LEASED PROPERTY, the written notice shall be deemed received by the LESSEE on the date of posting thereof on the main entrance of the LEASED PROPERTY.
ART. XI. JUDICIAL EJECTMENT
The LESSOR may commence judicial proceedings for ejectment, in accordance with the Rules of Court and applicable law, upon failure of the LESSEE to timely vacate and surrender the LEASED PROPERTY despite receipt of the notice of termination and the demand to vacate.
ART. XII. PRE-TERMINATION BY THE LESSEE
The LESSEE may pre-terminate the lease:
§1. Immediately upon written notice, upon a breach or default by the LESSOR of any term or condition of this Agreement which the LESSOR fails to rectify within thirty (30) days from notice, where the breach or default does not impair the purpose and use of the LEASED PROPERTY;
§2. Immediately upon written notice, upon a breach or default by the LESSOR of any term or condition of this Agreement where such breach or default impairs the purpose and use of the LEASED PROPERTY; and
§3. Upon thirty (30) days' written notice, where the LESSEE pre-terminates the lease without just cause.
ART. XIII. LIABILITY FOR PRE-TERMINATION BY THE LESSEE
In the event the LESSEE pre-terminates the lease without just cause, the LESSEE shall forfeit the security deposit in favor of the LESSOR as liquidated damages, without prejudice to the LESSOR's right to recover any unpaid rentals, charges, or other amounts due under this Agreement.
In the event the LESSEE pre-terminates the lease by reason of a breach or default of the LESSOR under the circumstances above provided, the LESSEE shall be entitled to the refund of the security deposit and of any advance rental corresponding to the unused portion of the lease, after due deduction of any unpaid charges or amounts due hereunder.
ART. XIV. RENEWAL OR EXTENSION OF THE LEASE
The LESSEE shall notify the LESSOR in writing of any desire to renew the lease at least sixty (60) days prior to the expiration of this Agreement; provided, that mere notification shall not be deemed an automatic renewal. The LESSOR shall notify the LESSEE in writing at least thirty (30) days prior to expiration whether the LESSOR agrees to renew or extend the lease upon mutually agreed terms and conditions.
Failure of the LESSEE to give such written notice within sixty (60) days, or failure of the Parties to agree on the terms for renewal or extension, entitles the LESSOR to show the LEASED PROPERTY to prospective tenants in the manner above provided and, if proper, to post a "For Rent" sign thereon.
ART. XV. RETURN OF LEASED PROPERTY
Upon termination or expiration of the lease, the LESSEE shall immediately vacate and peacefully and completely surrender the LEASED PROPERTY to the LESSOR in good and habitable condition, save for natural wear and tear, and free of any occupants, furniture, or articles of any kind, save for alterations and modifications governed by the applicable provisions of this Agreement.
ART. XVI. PENALTY FOR DELAY IN VACATING THE LEASED PROPERTY
Should the LESSEE fail to vacate and surrender the LEASED PROPERTY upon termination or expiration of the lease, the LESSEE shall pay the LESSOR a penalty equivalent to the prevailing monthly rental for every month or fraction thereof of continued occupancy, as reasonable compensation for the use of the LEASED PROPERTY, without prejudice to the right of the LESSOR to take appropriate legal action to recover possession and damages.
ART. XVII. NO WAIVER OF RIGHTS
Failure of either Party to insist, in one or more instances, on the strict performance of any covenant of this Agreement, or to exercise any option herein contained, shall not be construed as an abandonment, cancellation, or waiver thereof. No waiver shall be deemed effective unless expressed in writing and signed by the waiving Party.
ART. XVIII. INDEMNIFICATION
The LESSEE shall hold the LESSOR, and the LESSOR's officers, employees, representatives, and agents, free and harmless from any damage or injury to the LESSEE or to the LESSEE's family members, guests, domestic helpers, and other persons whose access to the LEASED PROPERTY is allowed by the LESSEE, or to their property. The LESSEE agrees to indemnify, defend, and hold the LESSOR harmless from any and all claims relating to any such damage or injury, except where the same arose from the fault or negligence of the LESSOR.
ART. XIX. DATA PRIVACY
The Parties shall process, store, and protect any personal data disclosed under this Agreement in accordance with Republic Act No. 10173 (the "Data Privacy Act of 2012"), its Implementing Rules and Regulations, and the issuances of the National Privacy Commission. Each Party consents to the collection and processing of such personal data solely for purposes of administering and enforcing this Agreement.
ART. XX. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any action or proceeding arising out of or in connection herewith shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues.
ART. XXI. COUNTERPARTS
This Agreement may be executed in counterparts, all of which together constitute a single agreement. Where the dates of signature differ, this Agreement shall be effective as of the date both Parties have signed.
ART. XXII. REPRESENTATION OF THE LESSEE
The LESSEE represents and certifies that the LESSEE has read and fully understood the terms and conditions of this Agreement and is fully aware of the consequences arising from any breach hereof.
ART. XXIII. SEVERABILITY
The invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions. Should any provision be held invalid, the Parties agree that the remaining provisions shall remain in full force and effect as if executed subsequent to the expungement of the invalid provision.
ART. XXIV. ENTIRETY OF AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written. This Agreement may be amended only by a written instrument signed by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.
________
LESSOR
________
LESSEE
Signed in the presence of:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
________ ) S.S.
BEFORE ME, a Notary Public for and in the above jurisdiction, this ________, personally appeared the following persons:
1. ________, with competent proof of identity in the form of ________;
2. ________, with competent proof of identity in the form of ________;
all known to me and to me known to be the same persons who executed the foregoing CONTRACT OF LEASE, consisting of ________ pages including this page on which the acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place above written.
________
Notary Public
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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