Residential Sublease Agreement - Template, Sample Form Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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SUBLEASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This SUBLEASE AGREEMENT (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 ________, hereinafter referred to as the SUBLESSOR;
-and-
________, Filipino, of legal age, single, with postal address at ________, hereinafter referred to as the SUBLESSEE.
WITNESSETH: That
WHEREAS, the SUBLESSOR is the lessee of a ________-bedroom house and lot (the "LEASED PROPERTY"), situated at ________, covered by Transfer Certificate of Title No. ________, a copy of which is attached as Annex "A", by virtue of a Contract of Lease between the SUBLESSOR and ________ (the "LESSOR") dated ________, a copy of which is attached as Annex "B";
WHEREAS, pursuant to Article 1650 of the Civil Code of the Philippines, the SUBLESSOR is authorized to enter into this Agreement, as evidenced by the written consent of the LESSOR dated ________, a copy of which is attached as Annex "C";
WHEREAS, the SUBLESSOR has offered for sublease and the SUBLESSEE desires to sublease the LEASED PROPERTY;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants herein contained, the SUBLESSOR hereby subleases the LEASED PROPERTY to the SUBLESSEE, and the SUBLESSEE hereby accepts the same from the SUBLESSOR, under the following terms and conditions:
1. TERM OF SUBLEASE
The sublease shall commence on ________ and shall expire on ________, with the option to renew under such terms and conditions as may be mutually agreed upon by both parties in writing. In no case shall the term of this sublease exceed the term of the principal lease between the SUBLESSOR and the LESSOR.
2. RENTAL
a. RATE. The SUBLESSEE shall pay for the use of the LEASED PROPERTY the monthly rate of ________ (₱________), inclusive of association dues, payable in advance within five (5) days of every current month.
b. OTHER INCLUSIONS. The rental rate is inclusive of the following utilities and services: ________.
c. PENALTY FOR LATE PAYMENT OF RENT. A grace period of ________ shall be given from the date specified in this Agreement for the payment of the monthly rent. Any delayed payment thereafter shall be charged a penalty of ________% of the rent due.
3. ADVANCE RENT AND SECURITY DEPOSIT
Upon execution of this Agreement, the SUBLESSEE shall pay ________ (₱________), representing one (1) month advance rental, to be applied to the first month of the sublease period, and one (1) month security deposit.
The security deposit shall answer for any unpaid charges for services and utilities incurred by the SUBLESSEE, damages to the premises (except natural wear and tear), and liquidated damages as provided under this Agreement. The amount, after due deductions, shall be refunded to the SUBLESSEE no later than thirty (30) days from the complete return and surrender of the LEASED PROPERTY.
The security deposit shall not be applied to rent during the term of the sublease without the prior written consent of the SUBLESSOR.
4. METHOD OF PAYMENT
At the signing of this Agreement, the SUBLESSEE shall make the initial payment of the advance rent and security deposit in cash to the SUBLESSOR. Thereafter, monthly rent payments shall be made in advance, in cash or by such other mode as the parties may agree, to the SUBLESSOR within five (5) days of every current month. When said day falls on a weekend or legal holiday, the rent shall be due on the first business day thereafter.
5. CONDITION OF PROPERTY
The SUBLESSEE has inspected the LEASED PROPERTY and found the same to be in good and habitable condition. The SUBLESSEE has likewise found the following to be in good and working condition:
________
All furniture and fixtures included in the LEASED PROPERTY shall be considered part of the LEASED PROPERTY.
6. USE OF LEASED PROPERTY
a. PURPOSE OF THE LEASE. The LEASED PROPERTY shall be used exclusively by the SUBLESSEE for residential purposes only and may not be used for any other purpose without the written consent of the SUBLESSOR.
The LEASED PROPERTY shall not be used for any illegal purpose or act. Should the SUBLESSEE become aware of any illegal activity on the LEASED PROPERTY, the SUBLESSEE shall notify the SUBLESSOR and the proper authorities. The SUBLESSEE shall be responsible for any illegal acts or omissions of the SUBLESSEE's household members, guests, and visitors, regardless of whether the SUBLESSEE was a party to or had knowledge of said acts or omissions.
b. MAINTENANCE AND REPAIRS. The SUBLESSEE shall keep the LEASED PROPERTY in clean and sanitary condition and shall use and maintain any furniture and appliances found therein with the diligence of a good father of a family.
The SUBLESSEE shall report to the SUBLESSOR the need for any necessary repairs 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.
If the damage arose from the fault or negligence of the SUBLESSEE or the SUBLESSEE's household members, guests, or visitors, the cost of repairs shall be entirely for the SUBLESSEE's account, including the cost of undoing and correcting any poor workmanship. Any damage shall be presumed caused by the fault or negligence of the SUBLESSEE unless shown to be caused by fortuitous events, acts of God, or force majeure.
c. IMPROVEMENTS AND ALTERATIONS. The SUBLESSEE shall not make any structural alteration, addition, or improvement on the LEASED PROPERTY without the written consent of the SUBLESSOR.
Any and all improvements made on the LEASED PROPERTY shall, upon the expiration or termination of this Agreement for any reason whatsoever, automatically belong to the LESSOR/SUBLESSOR, without obligation to reimburse or pay the value thereof to the SUBLESSEE.
p style="padding-left: 30px;">The SUBLESSEE shall not drive nails, hooks, or screws on the walls, ceilings, or floors of the LEASED PROPERTY without the prior written consent of the SUBLESSOR.d. OCCUPANCY. The SUBLESSEE shall ensure that not more than ________ persons shall reside in the LEASED PROPERTY at any one time.
e. FIRE HAZARD AND HAZARDOUS SUBSTANCE. The SUBLESSEE shall not keep or store flammable, combustible, or explosive materials inside or within the LEASED PROPERTY.
f. UTILITIES. The SUBLESSEE shall be responsible for the payment of all services and utilities not included in the rental rate. The SUBLESSOR shall not be liable for any failure to provide such utilities due to circumstances beyond the control of the SUBLESSOR.
g. SHORT-TERM SUB-RENTALS. The SUBLESSEE shall not offer the LEASED PROPERTY for any short-term rental, including through online vacation rental platforms.
h. PETS. The pet policy for the LEASED PROPERTY is as follows:
________
i. RULES AND REGULATIONS. The SUBLESSEE shall abide by the existing and future rules and regulations promulgated by the ________, and by all other laws, ordinances, rules, and regulations promulgated by competent authorities affecting the occupancy of the LEASED PROPERTY.
j. LOCKS. The SUBLESSEE shall not alter, replace, or add any locks on the LEASED PROPERTY without the written consent of the SUBLESSOR. Any altered, replaced, or additional locks shall remain on the LEASED PROPERTY upon the expiration of this Agreement and shall become part thereof, without prejudice to other penalties that may be deducted from the security deposit.
k. NOTICE OF ABSENCE. The SUBLESSEE shall notify the SUBLESSOR in writing at least two (2) days prior to leaving the LEASED PROPERTY unoccupied temporarily for more than thirty (30) days.
l. PRINCIPAL LEASE. The SUBLESSEE agrees to abide by the terms and conditions of the principal Contract of Lease dated ________, a copy of which is attached hereto, insofar as the same are not inconsistent with this Agreement.
7. TAXES AND INSURANCE
All real estate taxes levied or assessed against the LEASED PROPERTY and the following insurance shall be for the account of the SUBLESSOR:
________
8. RIGHT OF ENTRY OF SUBLESSOR
The SUBLESSOR or their authorized representative reserves the right to enter the LEASED PROPERTY as follows:
a. Upon a two (2) day notice to the SUBLESSEE, at reasonable times, in order to inspect the LEASED PROPERTY; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The SUBLESSEE shall not unreasonably withhold consent. "Reasonable times" shall mean 7:30 a.m. to 8:00 p.m.
b. In times of emergency, with or without the consent of the SUBLESSEE, for the protection or preservation of the LEASED PROPERTY from causes that may result in its destruction.
c. Upon a twenty-four (24) hour notice to the SUBLESSEE, to make necessary repairs at reasonable times, meaning 7:30 a.m. to 8:00 p.m.
d. At any of the following circumstances:
1. With the consent of the SUBLESSEE;
2. When the SUBLESSEE unreasonably withholds consent after the above-mentioned notices; and
3. Upon the conditions set forth in the principal lease.
e. The SUBLESSOR shall not abuse the right of access nor use it to harass the SUBLESSEE.
9. TERMINATION OF THE SUBLEASE BY THE SUBLESSOR
The sublease may be terminated, at the discretion of the SUBLESSOR, under the following circumstances, in accordance with Republic Act No. 9653 (Rent Control Act) where applicable, and the Civil Code of the Philippines:
a. If the SUBLESSEE assigns or further subleases the LEASED PROPERTY, in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the SUBLESSOR;
b. If the SUBLESSEE has arrears in the payment of rent for a total of three (3) months;
c. Upon the expiration of the sublease 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 as a residential unit;
d. If there is a need to make necessary repairs to render the LEASED PROPERTY safe and habitable due to an existing order of condemnation by the appropriate authorities; and
e. Upon the expiration of the period of sublease.
10. NOTICE OF TERMINATION BY THE SUBLESSOR
The SUBLESSOR may terminate the sublease by sending a written notice of termination and a demand for the SUBLESSEE to surrender and vacate the LEASED PROPERTY. Provided, that if the cause for termination is the legitimate need to repossess the LEASED PROPERTY, the SUBLESSOR shall send a written formal notice of the intention to terminate at least three (3) months in advance.
11. RECEIPT OF NOTICE BY THE SUBLESSEE
All written notices from the SUBLESSOR, including the notice to terminate and the demand to vacate, shall be deemed received on the date of actual receipt by the SUBLESSEE or the SUBLESSEE's authorized representative. If the SUBLESSEE or said representative refuses to receive the notice, or cannot be found on the LEASED PROPERTY, the notice shall be deemed received on the date it is posted on the main entrance to the LEASED PROPERTY.
12. JUDICIAL EJECTMENT
The SUBLESSOR may commence judicial proceedings for ejectment in accordance with the Rules of Court upon the SUBLESSEE's failure to vacate and surrender the LEASED PROPERTY within the period specified in the written demand to vacate.
13. PRE-TERMINATION BY THE SUBLESSEE
The SUBLESSEE may pre-terminate the sublease:
a. Immediately, through a written notice, upon a breach or default by the SUBLESSOR of any terms and conditions of this Agreement, where the SUBLESSOR fails to rectify the breach within thirty (30) days from notice and the breach does not impair the purpose and use of the LEASED PROPERTY;
b. Immediately, through a written notice, upon a breach or default by the SUBLESSOR that impairs the purpose and use of the LEASED PROPERTY; and
c. Upon a thirty (30) day written notice, if the SUBLESSEE pre-terminates the sublease without just cause, in which case the security deposit may be forfeited as liquidated damages.
14. FORTUITOUS EVENTS
The SUBLESSEE agrees to act with reasonable diligence to mitigate the damage to the LEASED PROPERTY.
15. RENEWAL OR EXTENSION OF THE SUBLEASE
The SUBLESSEE shall notify the SUBLESSOR in writing of the desire to renew the sublease at least sixty (60) days prior to its expiration; provided, that mere notification shall not be deemed an automatic renewal. The SUBLESSOR shall notify the SUBLESSEE in writing at least thirty (30) days prior to expiration whether the SUBLESSOR agrees to renew or extend the sublease upon mutually agreed terms.
Failure of the SUBLESSEE to give written notice of intention to renew within sixty (60) days, or failure to agree on terms for renewal or extension, entitles the SUBLESSOR to show the LEASED PROPERTY to prospective tenants and to display a "For Rent" sign thereon.
16. RETURN OF LEASED PROPERTY
Upon the termination or expiration of the sublease, the SUBLESSEE shall immediately vacate and peacefully and completely surrender the LEASED PROPERTY to the SUBLESSOR in good and habitable condition, save for natural wear and tear, and free of any occupants, save for the alterations and modifications governed by the relevant provisions of this Agreement.
17. ASSIGNMENT AND FURTHER SUBLEASE
This Agreement may not be assigned, and the LEASED PROPERTY may not be further subleased, without the written consent of the SUBLESSOR.
18. NO WAIVER OF RIGHTS
Failure of the SUBLESSOR or the SUBLESSEE to insist, in one or more instances, on the strict performance of any covenant of this Agreement, or to exercise any option herein, shall not be construed as an abandonment, cancellation, or waiver of such covenant or option. No waiver shall be deemed made unless expressed in writing and signed by the waiving party.
19. LIABILITY
The SUBLESSOR shall not be liable for any loss, damage, or injury suffered by the SUBLESSEE, the SUBLESSEE's household members, guests, or visitors, or to their property, while in or about the LEASED PROPERTY, except where such loss, damage, or injury is due to the fault or negligence of the SUBLESSOR. The SUBLESSEE hereby releases and holds the SUBLESSOR free and harmless from any and all claims, demands, or liabilities arising from the SUBLESSEE's use and occupancy of the LEASED PROPERTY.
20. DATA PRIVACY
The parties agree to process and protect any personal information collected in connection with this Agreement in accordance with Republic Act No. 10173 (Data Privacy Act of 2012) and its Implementing Rules and Regulations. Personal data shall be used solely for purposes related to this Agreement and shall not be disclosed to third parties without consent, except as required by law.
21. BINDING EFFECT
This Agreement shall be binding upon and shall inure to the benefit of the SUBLESSOR and the SUBLESSEE and their respective heirs, executors, administrators, successors, and permitted assigns.
22. GOVERNING LAW, DISPUTE RESOLUTION, AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event of any dispute arising out of or in connection with this Agreement, the parties shall first exert earnest efforts to settle the same amicably, including through barangay conciliation where required under the Local Government Code. Should such efforts fail, any and all legal actions arising out of or in connection with this Agreement shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues.
23. SEVERABILITY
The invalidity of any portion of this Agreement shall not affect the validity of any other provision. Should any provision be held invalid, the remaining provisions shall remain in full force and effect as if executed subsequent to the expungement of the invalid provision.
24. ENTIRETY OF AGREEMENT
This Agreement represents the entire agreement between the SUBLESSOR and the SUBLESSEE and supersedes all prior negotiations, representations, and agreements, whether 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.
________
SUBLESSOR
________
SUBLESSEE
Signed in the presence of:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY OR MUNICIPALITY OF ________ ) S.S.
BEFORE ME, a Notary Public for and in the City/Municipality of ________, this ________, personally appeared the following persons:
1. ________, with competent proof of identification: Driver's License with number ________, which expires on ________;
2. ________, with competent proof of identification: Driver's License with number ________, which expires on ________.
All known to me and to me known to be the same persons who executed the foregoing SUBLEASE AGREEMENT, and they acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ________ pages including this page on which the acknowledgment is written, has been signed by the parties and their witnesses on each and every page hereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place written above.
________
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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