Residential Lease Agreement - Template, Sample Form

LEASE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS: This LEASE AGREEMENT ("Agreement") is made and executed at the City/Municipality of _______________________________ Province of _______________________________, this day of ________, by and between:

________, Filipino, of legal age, single, and with postal address at ________, hereinafter referred to as the LESSOR

-and-

________, Filipino, of legal age, single, and with postal address at ________, hereinafter referred to as the LESSEE

WITNESSETH THAT:

WHEREAS, the LESSOR is the owner of the "LEASED PROPERTY", a ________-bedroom house, situated at ________, covered by Transfer Certificate of Title No. ________.

WHEREAS, the LESSOR has offered for lease and the LESSEE desires to lease the LEASED PROPERTY.

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants contained herein, the LESSOR hereby leases the LEASED PROPERTY to the LESSEE and the LESSEE hereby accepts the same from the LESSOR, under the following terms and conditions:

I. TERM OF LEASE

The lease shall start on ________ and shall end on ________, with the option to renew under such terms and conditions as may be mutually agreed upon by both parties.

II. RENTAL FEE

1. RATE. The LESSEE shall pay for the use of the LEASED PROPERTY the monthly rate of ________ (P________) to be paid every 1st day of the month.

2. INCREASE IN RATE. The LESSOR can increase the monthly rent according to the applicable law.

3. ASSOCIATION DUES. The LESSEE shall make the timely payments of the association dues to the Association for the account of the LESSOR.

4. OTHER INCLUSIONS. The rental rate is inclusive of the following bills: water, electricity, landline phone, internet and cable tv.

III. ADVANCED RENT AND SECURITY DEPOSIT

The LESSEE shall pay ________ (P________) representing both the One (1) month advance rental, to be applied on the first month of the lease period, and one (1) month security deposit.

The security deposit will answer for any unpaid charges for services and utilities incurred by the LESSEE, damages to the premises, with the exception of natural wear and tear, and as liquidated damages as provided for under this AGREEMENT. The amount, after due deduction therefrom, shall be refunded to the LESSEE no later than thirty (30) days from the complete return of the LEASED PROPERTY.

IV. METHOD OF PAYMENT

The LESSEE shall pay the Rental Price and all other amounts that may incur under this Agreement by making a deposit in the following account:

Account number: ________

Account name: ________

Bank/E-wallet: ________

V. CONDITION OF PROPERTY

The LESSEE has inspected the LEASED PROPERTY and has found the same to be in a good and habitable condition.

The LESSEE has also found the following to be in good and working condition:

________

All furniture included in the LEASED PROPERTY shall be considered as part of the LEASED PROPERTY.

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 written consent of the LESSOR.

The LEASED PROPERTY shall not be used for any illegal purpose or acts. If the LESSEE becomes aware of any illegal activities on the LEASED PROPERTY, the LESSEE shall notify the LESSOR as well as 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 regardless of the fact that the LESSEE was not a party to or knew of said illegal acts or omissions in the LEASED PROPERTY.

2. MAINTENANCE AND REPAIRS. The LESSEE shall keep the LEASED PROPERTY in a clean and sanitary condition and use and maintain any furniture and/or appliances found in the LEASED PROPERTY with the due diligence of a good father of a family.

The LESSEE shall report to the LESSOR the need for any necessary repairs on the LEASED PROPERTY as soon as possible but in no case later than forty-eight (48) hours from the time the damage or need for repair was discovered.

The LESSOR shall make or cause to make any necessary repairs upon receipt of notice from the LESSEE. If the LESSOR fails to make or cause to be made any urgent or necessary repairs within three (3) working days from notice, the LESSEE may make or cause the urgent or necessary repairs to maintain the LEASED PROPERTY in a good and habitable condition. Said repairs shall be for the account of the LESSOR unless the damage arose from the LESSEE's fault or negligence or the fault of negligence of the LESSEE's household members, guests, or other visitors.

If the damage arose from the LESSEE's fault or negligence or the fault of negligence of the LESSEE's household members, guests, or other visitors, the LESSEE may make or cause the necessary repairs for the LESSEE's account provided that any poor workmanship may also 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 written consent of the LESSOR.

Any major alterations or improvements made or introduced by the LESSEE without the written consent of the LESSOR shall, upon termination or expiration of this lease, automatically inure to the benefit of the LESSOR without any obligation to pay for its cost or value or the LESSOR may have the same removed at the cost of the LESSEE.

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The LESSEE shall not drive nails, hooks, screws, etc. on the walls, ceiling, or floors of the LEASED PROPERTY without the prior written consent of the LESSOR.

4. EXTENDED GUESTS. The LESSEE may not have any extended guests or persons who have de facto moved into the LEASED PROPERTY without the written consent of the LESSOR.

5. FIRE HAZARD AND HAZARDOUS SUBSTANCE. The LESSEE shall not keep or store flammable, combustible, or explosive materials inside or within the LEASED PROPERTY without the written consent of the LESSOR.

6. UTILITIES. The LESSEE shall be responsible for the payment of other services and utilities not included in the payment of the rental rate.

The LESSEE shall enjoy the use of the inclusions as listed above subject to the prompt payment of the monthly rental. The LESSOR shall not be responsible and/or held liable for any failure to provide the utilities due to circumstances beyond the control of the LESSOR.

7. SHORT-TERM SUB-RENTALS. The LESSEE shall not place the LEASED PROPERTY up for any short-term rental, including through online vacation rental sites, without the written consent of the LESSOR.

8. PETS. The pet policy for the LEASED PROPERTY are as follows:

________

9. RULES AND REGULATIONS. The LESSEE shall abide by the existing and future rules and regulations promulgated by the ________, and other laws, ordinances, rules, and regulations promulgated or shall be promulgated by the competent authorities when it affects the occupancy of the LEASED PROPERTY.

10. LOCKS. The LESSEE shall not alter or replace any locks on the LEASED PROPERTY without the written consent of the LESSOR. The LESSEE shall also not add any new locks without the written consent of the LESSOR. If LESSEE alters, replaces, or installs additional locks, the locks shall stay on the LEASED PROPERTY at the expiration of the AGREEMENT, and will become part of the LEASED PROPERTY, subject to other penalties that may be deducted from the security deposit.

11. NOTICE OF ABSENCE. The LESSEE shall notify the LESSOR in writing two (2) days prior to the departure of the LESSEE of the intention to leave the LEASED PROPERTY unoccupied temporarily for more than thirty (30) days.

VII. RIGHT OF ENTRY OF LESSOR

The LESSOR or their authorized representative reserves the right to enter the LEASED PROPERTY as follows:

1. Upon a two (2) day notice to the LESSEE before entry, at reasonable times, in order to inspect the LEASED PROPERTY; make necessary or agreed repairs; to make agreed decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit 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 from causes that may result in the destruction of the LEASED PROPERTY or for the protection and safety of the occupants of the LEASED PROPERTY.

3. Upon a twenty-four-hour notice to LESSEE prior to entry to make necessary repairs on the property at reasonable times. "Reasonable times" for repair shall mean 7:30 a.m. to 8:00 p.m.

4. At any of the following circumstances:

a. With the consent of the LESSEE

b. When the LESSEE unreasonably withholds consent after the above-mentioned notices

5. The LESSOR shall not abuse the right of access nor use it to harass LESSEE.

VIII. TERMINATION OF THE LEASE BY THE LESSOR

The lease may be terminated, at the discretion of the LESSOR, under 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 has arrears in payment of rent for a total of three (3) months;

3. Upon the expiration of the lease period, if the LESSOR/OWNER has a legitimate need to repossess the LEASED PROPERTY for the LESSOR/OWNER's own use or for the use of an immediate member of the family of the LESSOR/OWNER as a residential unit;

4. If there is a need to make necessary repairs on the LEASED PROPERTY to make the LEASED PROPERTY safe and habitable due to an existing order of condemnation by appropriate authorities; and

5. Upon the expiration of the period of the lease.

IX. NOTICE OF TERMINATION BY THE LESSOR

The LESSOR may terminate the lease by sending a written notice of termination. The written notice of termination may also include a demand for the LESSEE to surrender and vacate the LEASED PROPERTY.

Provided that, if the cause for termination is due to the legitimate need to repossess the LEASED PROPERTY, the LESSOR shall send a written formal notice of the decision to terminate the lease at least three (3) months in advance of the intention to repossess the LEASED PROPERTY.

X. RECEIPT OF NOTICE BY THE LESSEE

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XI. JUDICIAL EJECTMENT

The LESSOR may commence judicial proceedings for ejectment upon the failure of the LESSEE to timely vacate and surrender the LEASED PROPERTY despite the receipt of the notice of termination of the lease and the demand to vacate and surrender the LEASED PROPERTY.

XII. PRE-TERMINATION BY THE LESSEE

The LESSEE may pre-terminate the lease:

1. Immediately through a written notice, upon a breach or default of the LESSOR of any terms and conditions of this AGREEMENT and the LESSOR fails to rectify the said breach or default within thirty (30) days from notice if the breach or default does not impair the purpose and use of the LEASED PROPERTY;

2. Immediately through a written notice, upon a breach or default of the LESSOR of any terms and conditions of this AGREEMENT and said breach or default impairs the purpose and use of the LEASED PROPERTY;

3. Upon a thirty (30) day notice, if the LESSEE pre-terminates the lease without any just cause.

XIII. LIABILITY FOR PRE-TERMINATION BY THE LESSEE

In the event that the LESSEE pre-terminates the lease without any 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 that the LESSEE pre-terminates the lease due to a breach or default of the LESSOR under the circumstances provided above, the LESSEE shall be entitled to the refund of the security deposit and any advance rental corresponding to the unused portion of the lease, after due deduction of any unpaid charges or amounts due under this AGREEMENT.

XIV. RENEWAL OF AGREEMENT OR EXTENSION OF THE LEASE

The LESSEE shall notify the LESSOR in writing of his or her desire to renew the lease at least sixty (60) days prior to the expiration of the AGREEMENT, provided, however, that the mere notification by the LESSEE of the desire to renew the AGREEMENT shall not be deemed as an automatic renewal of the lease. The LESSOR shall notify the LESSEE in writing at least thirty (30) days prior to the expiration of the AGREEMENT if the LESSOR shall agree to renew or extend the lease upon the terms and conditions mutually agreed upon by both parties.

Failure of the LESSEE to give the written notice of their intention to renew the lease within sixty (60) days or a failure to agree to terms and conditions for the renewal or extension of the lease entitles the LESSOR to show the LEASED PROPERTY to prospective new tenants in the manner provided above and, if proper, to hang a "For Rent" sign on the LEASED PROPERTY.

XV. RETURN OF LEASED PROPERTY

Upon the termination or expiration of the lease, the LESSEE shall immediately vacate and peacefully and completely surrender the LEASED PROPERTY to the LESSOR in a good and habitable condition, save for the natural wear and tear, and devoid of any occupants, furniture, or other articles of any kind, save for the alterations and modifications, in which case the proper provisions in this AGREEMENT shall apply.

XVI. PENALTY FOR DELAY IN VACATING THE LEASED PROPERTY

In the event that the LESSEE fails to vacate and surrender the LEASED PROPERTY upon the 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 the appropriate legal action to recover possession of the LEASED PROPERTY and to recover damages.

XVII. NO WAIVER OF RIGHTS

Failure of the LESSOR or the LESSEE to insist, in one or more instances, the strict performance of any of the covenants of this AGREEMENT, or to exercise any portion herein contained, shall thereafter not be construed as abandonment cancellation or waiver of such covenant or option. No waiver shall be deemed to have been made unless expressed in writing and signed by the LESSOR or the LESSEE.

XVIII. INDEMNIFICATION

The LESSEE shall hold the LESSOR, its directors, officers, employees, representatives, and agents free and harmless from any damage or injury to LESSEE or LESSEE's family members, guests, domestic helpers, and other persons whose access to the LEASED PROPERTY is allowed by the LESSEE or their property. The LESSEE also agrees to indemnify, defend, and hold the LESSOR harmless from any and all claims or assertions related to any said damage or injury.

XIX. COUNTERPARTS

This AGREEMENT may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the AGREEMENT shall be considered effective as of the date that both LESSOR and the LESSEE signed the AGREEMENT.

XX. REPRESENTATION OF THE LESSEE

The LESSEE hereby represents and certifies that the LESSEE has read and fully understood the terms and conditions of this AGREEMENT, and that the LESSEE understands and is fully aware of the consequences resulting from any breach hereof.

XXI. SEVERABILITY

The invalidity of any portion of this AGREEMENT will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this AGREEMENT is held to be invalid, the LESSOR and the LESSEE agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

XXII. ENTIRETY OF AGREEMENT

This AGREEMENT represents the entire agreement between the LESSOR and the LESSEE and supersedes all prior negotiations, representations, and agreements, either oral or written. This AGREEMENT may be amended only by a written instrument signed and agreed upon by both Parties.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and place first stated above.

________
Lessor

________
Lessee

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
_______________________________, _______________________________ ) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, this _______ day of _____________________, 20______, personally appeared the following persons:

1. ________, with the following competent proof of identification:..........................................................................................;

2. ________, with the following competent proof of identification:..........................................................................................

All known to me and to me known to be the same persons who executed the foregoing LEASE AGREEMENT 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 written above.

Doc. No. _________;
Page No. ________;
Book No. ________;
Series of ________.