Jhanine Almazora - Contract of Lease
sample contract of lease...
CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE (the “Contract”), made and executed on this ______ day of _______________, in Mandaluyong City, Philippines, by and between:
IMILDA ESLABRA, married to CONRADO ESLABRA, both Filipino, with address at Block 21, Lot 9-10, Gensanville Subdivision, Bula, General Santos City, Mindanao, hereinafter referred to as “LESSOR”; - and JHANINE MAUREEN ALMAZORA, of legal age, Filipino, with office address at Unit 16 BCD Tower 3, Forbeswood Heights Condominium, Bonifacio Global City, Taguig City, hereinafter referred to as “LESSEE”;
WHEREAS, the LESSOR are the owners and are duly authorized to lease a condominium unit, more particularly described as follows: UNIT 2310, G.A. TOWER 1 CONDOMINIUM, 83 EDSA, MANDALUYONG CITY, a semi-furnished threebedroom condominium unit, hereinafter referred to as the “LEASED PREMISES”, under the terms and conditions hereinafter set forth. WHEREAS, the LESEE desires to lease the above-mentioned LEASED PREMISES and the LESSOR are willing to lease the same unto the LESSEE, subject to terms and conditions hereinafter specified.
NOW, THEREFORE, for and in consideration of the foregoing and mutual covenants hereinafter contained, the LESSOR has let and leased, and by these present do hereby let and lease unto the LESSEE the aforesaid LEASED PREMISES and the LESSEE hereby accepts the same by way of lease, subject to the following terms and conditions: SECTION 1. TERM OF LEASE 1.1
The period of effectivity of this Contract shall be for ONE (1) YEAR commencing on March 2017 to 28 February 2018, renewable thereafter upon mutual agreement.
The LESSEE must signify his/her intention to extend or renew by written notice thereof to the LESSOR at least SIXTY (60) DAYS prior to the expiration of this Contract.
The LESSEE shall inform the LESSOR of his/her intention not to renew by written notice at least THIRTY (30) DAYS prior to the expiration of this Contract. SECTION 2. RENTAL PAYMENTS
Both parties do hereby agree that the MONTHLY RENTAL of the LEASED PREMISES shall be for THIRTEEN THOUSAND PESOS (Php13,000.00), exclusive of monthly condominium dues, payable in advance for the entire term of the contract.
The LESSEE acknowledges the preferred right or lien of the LESSOR on the personal properties of the LESSEE located in the LEASED PREMISES for any amount of unpaid rental due to the LESSOR. SECTION 3. DEPOSIT AND ADVANCE
Upon execution of this Contract, the LESSEE shall pay to the LESSOR the amount of THIRTEEN THOUSAND PESOS (Php13,000.00), as one (1) month ADVANCE RENTAL and TWENTY SIX THOUSAND PESOS (Php26,000.00), as two (2) months SECURITY DEPOSIT. Postdated checks shall be dated every 28th of the month for the remaining eleven (11) months.
It is expressly understood and agreed that the SECURITY DEPOSIT shall not be applied to the payment of the rent and shall be refunded to the lessee after sixty (60) days, without any interest, upon termination of the lease, provided: a) The LESSEE shall have fully paid the rental fees, electricity, water, telephone, cable, and other charges on the LEASED PREMISES, including damages to the LEASED PREMISES due to reasons not covered by ordinary wear and tear; b) The LESSEE shall have fully paid all additional charges, penalties, and obligations, if any, as provided in this Contract; and c) The LESSEE shall have fully complied with the terms and conditions, as provided in this Contract. SECTION 4. USE AND CARE OF THE LEASED PREMISES
The LESSEE shall use the LEASED PREMISES for his/her RESIDENCE ONLY and shall maintain the same in clean and sanitary condition.
The LESSEE shall not divert the LEASED PREMISES to other uses without prior written consent of the LESSOR. Any unauthorized use shall entitle the LESSOR to rescind the Contract or increase the rent due or compel the LESSEE to discontinue the unauthorized use of the LEASED PREMISES.
The LESSEE warrants that it shall not use the LEASED PREMISES for any illegal activity.
The LESSEE shall at all times be solely responsible for all acts or omission of his/her agents, employees, or guests which may have caused any damage to the LEASED PREMISES.
The LESSEE shall not deposit within the LEASED PREMISES any obnoxious, inflammable or explosive matters.
The LESSEE shall comply with all laws, ordinances or orders of the condominium corporation.
The LESSEE shall use the property in such a way that the same shall not constitute a public or private nuisance and shall not permit noxious odors or noises to emanate from the LEASED PREMISES. Social activities of the LESSEE on the LEASED PREMISES shall be conducted without undue noise and disturbance to the occupants of the other condominium units. No dogs and other animals shall be kept in the LEASED PREMISES.
The security of the LEASED PREMISES is the sole responsibility of the LESSEE. Under no conditions will the LESSOR be responsible for any loss of any articles in the LEASED PREMISES.
Minor repairs, including repairs due to ordinary wear and tear up to the limit hereunder stated, and those due to the negligent use of the LEASED PREMISES by the LESSEE, members of his/her household, staff, clients, or guests, shall be for the LESSEE’s account. For the purposes of this paragraph, any repair amounting to FIVE THOUSAND PESOS (Php5,000.00) or less shall be deemed a minor repair.
4.10 All major repairs (other than that caused by the negligent use of the LEASED PREMISES by the LESSEE, member of his/her household, or his/her guests) and those due to structural defects shall be solely for the LESSOR’s account. LESSOR shall undertake to commence making the repairs within seven (7) days, if possible, from receipt of written notice from the LESSEE and have the repairs completed within reasonable time. 4.11 Prior to the execution of this Contract, the LEASED PREMISES were inspected by the LESSOR and the LESSEE and the same was found to be in good and tenantable condition, unless otherwise noted in writing by the LESSEE, the same to be attached to this Contract as an integral part hereof. The LESSE shall at all times keep the LEASED PREMISES in the same good tenantable condition and for this purpose, the LESSOR or his/her representative may, at reasonable times and with 24-hour prior notice enter the LEASED PREMISES to examine the condition of the same. In the event the LEASED PREMISES, or any part thereof is destroyed or rendered untenantable by fire, war, civil disturbance, floods, typhoons, or any other calamity, the LESSEE shall not be responsible for the
restoration of the property. It is being understood and agreed upon by the parties that the LESSOR has the sole responsibility to provide against such contingency by insurance or other means. In case the premises have become totally destroyed or untenantable by reason of any of the cases above-mentioned, this Contract shall automatically be extinguished and the LESSOR shall return to the LESSEE, or his/her representatives, the unapplied portion of the ADVANCE RENTAL and SECURITY DEPOSIT and the postdated checks corresponding to the remaining period of this Contract, with no further obligation on the part of the LESSEE to pay rent, unless the LESSOR immediately furnishes the LESSEE another property equally suitable and satisfactory to the LESSEE. In the event, however, that the premises are only partially destroyed or rendered untenantable, the LESSEE may elect to either terminate this Contract after a 10-day written notice to the LESSORS with the same consequences as those in case of total destruction or, to remain in the premises and pay a proportionately reduced rent. 4.12 That in the event of any violation of the terms and conditions of this Contract, the LESSOR shall inform the LESSEE in writing and allow the LESSEE fourteen (14) days after receipt of the notices to rectify the violation of the terms and conditions.
SECTION 5. UTILITY CHARGES 5.1
All charges for water, electricity, telephone, cable, and such other services and utilities in the LEASED PREMISES due shall be for the exclusive account of the LESSEE.
Replacement of bulbs, tubes, additional outlets and switches, for use within the LEASED PREMISES shall be for the exclusive account of the LESSEE.
The LESSEE shall obtain prior written consent of the LESSOR before installing additional electric, water, telephone and teletype and/or gas connections in the LEASED PREMISES.
The LESSOR shall be solely responsible for all government assessments, taxes and other charges of a public nature which are or may be levied against the LEASED PREMISES.
The LESSOR shall be responsible for the payment of any and all fees and other charges which may be imposed by the Condominium Corporation for all unit owners. SECTION 6. ALTERATIONS and IMPROVEMENTS
The LESSEE shall not introduce any permanent alteration, addition or improvement on the LEASED PREMISES that cannot be removed without destroying or defacing the premises without the previous written consent of the LESSOR. Should such consent be given, the same shall become the property of the LESSOR upon the termination of the lease without any right to reimbursement of the cost to the LESSEE. The LESSEE shall, however, have the right to introduce furniture, carpets, drapes, painting, appliances, moveable improvements, ornamental and decorative objects or fixtures, and remove said objects at the end of the Contract. The LESSEE shall not drive nails, screws, hooks or other abutments into or any manner deface or damage any part of the LEASED PREMISES, except with the prior permission of the LESSORS, and the LESSEE shall restore the affected portion(s) of the LEASED PREMISES to their original condition at LESSEE’s expense upon termination of this Contract. SECTION 7. SUBLEASING and TRANSFER OF RIGHTS
The LESSEE shall not sublease, assign, transfer or in any manner alienate its leasehold rights over the LEASED PREMISES without the prior written consent of the LESSOR.
In the event that the ownership of the LEASED PREMISES is sold, transferred or conveyed, mortgaged or encumbered to a third party during the term of the LESSEE’s Contract or any renewal hereof, the LESSOR must inform in writing the said third party, his successor, executors, administrators and assigns of the existence of this Lease Contract prior to or at the time of the sale, transfer, conveyance, mortgage or encumbrances and require the incorporation in the DEED of SALE, or CONVEYANCE, either by reference or otherwise, of the terms and conditions of the said Lease Contract so as to form part and parcel
thereof. Moreover, the LESSOR shall require the said third party to respect all the terms and conditions of this Contract. The LESSOR shall furnish the LESSEE simultaneously with a copy of such notice/advice/letter to the third party. In the event of a bona fide sale of the LEASED PREMISES, the LESSOR shall transfer and pay to the VENDEE the SECURITY DEPOSIT and any remainder of the ADVANCE RENTALS, which are yet to be applied to future rent under the terms and conditions of this Contract. LESSOR shall see to it that the Deed of Sale provides that the VENDEE shall treat and apply said SECURITY DEPOSIT and remainder of the ADVANCE RENTALS in accordance with the terms and conditions of this Contract. SECTION 8. NON-WAIVER 8.1
The failure of the LESSOR to insist upon a strict performance of any of the terms and conditions, covenants provided in the Contract shall not be considered as a waiver of its rights and remedies as provided herein for any subsequent breach or default of the terms and covenants herein contained, which shall be deemed in full force and effect. SECTION 9. PROSPECTIVE TENANTS
Should the LESSEE give written notice of its intention not to renew this Contract, in accordance with Section 1 hereof, the LESSEE shall allow the LESSOR or their representative to show the LEASED PREMISES to prospective tenants during business hours within the last THIRTY (30) DAYS of the Contract with one (1) day advanced notice. SECTION 10. TERMINATION OF LEASE
10.1 This Contract shall automatically be terminated upon the termination of the term provided in Section 1 hereof, absent of any agreement of the renewal or extension by the parties by means of written notice SIXTY (60) DAYS prior to expiration, in accordance with Section 1 hereof. 10.2 The LESSEE hereby accepts in good condition the LEASED PREMISES, and upon the expiration of the period of the Contract or of its renewal and extensions. The LESSEE shall peacefully vacate the LEASED PREMISES and restore the possession thereof to the LESSOR in as good
condition as at the time of delivery to the LESSEE. Upon such expiration, the LESSEE shall turn over to the LESSOR all the keys to the LEASED PREMISES, including all duplicates. 10.3 In the event of any breach of this contract by the LESSEE, the LESSOR shall have the right to terminate and rescind the same before the expiration of the term of the Contract, specified in Section 1 hereof and any and all amounts representing unused rentals shall constitute damages due to the LESSOR. 10.4 In the event of the LESSEE’s death, the surviving spouse, if any, or the LESSEE’s representative, as the case may be, may also terminate this Contract by written notice to the LESSOR at least THIRTY (30) DAYS in advance of the date the cancellation is to become effective, or by written notice to the LESSOR to convert the term of this Contract to a period shorter than that specified in Section 1 of this Contract. The LESSOR shall return to the LESSEE the SECURITY DEPOSIT, as provided for in Section 3 of this Contract within THIRTY (30) DAYS upon the expiration of the Contract. 10.5 The LESSEE shall pay the LESSOR liquidated damages in the amount equivalent to TWO MONTHS rent as a result of the Pre-Termination of the Contract pursuant to the aforementioned causes. 10.6 The Condominium Corporation shall likewise reserve the right to cut off utilities of the LEASED PREMISES for the non-payment of the condominium dues and charges. SECTION 11. RIGHT OF RETENTION 11.1 Upon violation of the LESSEE of any of the terms or conditions hereof, particularly the non-payment of the rentals on time, the LESSEE herein gives the LESSOR or their duly authorized representative the absolute right and authority to retain so much of the LESSEE’s household fixtures, furniture and things to satisfy the unpaid rentals, light, water, telephone and other utility bills. The LESSOR or their duly authorized representatives are further designated and named by the LESSEE as his/her attorney-in-fact and given the absolute right to take out from the LEASED PREMISES so much of the LESSEE’s household fixtures,
furniture and things, to padlock the door of the LEASED PREMISES in case the LESSEE fails to comply with the terms and conditions of this Contract; further, the LESSEE likewise authorizes the LESSOR or their duly authorized representatives to dispose all or sell the same within FIFTEEN (15) days from date of retention, to satisfy the unpaid rentals, electric, water and telephone bills, if any. The excess amount, if any, shall be given to the LESSEE. SECTION 12. ABANDONMENT OF PREMISES 12.1 Should the LESSEE abandon or leave unattended the LEASED PREMISES for a continuous period of more than THIRTY (30) DAYS for no valid reason at any time during the Contract Period, the LESSOR shall have the right to enter the same by force or otherwise without any liability for prosecution thereof, and to re-let the same to another party. Likewise the LESSOR is hereby constituted and appointed as attorney-infact of the LESSEE to take possession of the furniture, equipment and other properties in the LEASED PREMISES and to sell the same with the proceeds thereof applied to the payment of any and all obligations of the LESSEE arising out of and under this Contract. The LESSEE’s rental payments, as fixed herein, shall continue to accrue to the LESSOR until the expiration of this Contract or until the LEASED PREMISES have been re-let, whichever comes first. SECTION 13. GATE PASS 13.1 Whenever the LESSEE shall bring out appliance or other household items, if any, for repairs or otherwise, the LESSEE shall first secure from the LESSOR a Gate Pass covering said appliance or household item. SECTION 14. NON-LIABILITY 14.1 The LESSEE during his/her 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 helps and guests. When such damage or liability is caused by fortuitous events or acts of God/Nature, such as
typhoons, earthquakes, floods, etc., which are beyond the control of the LESSEE, the latter shall not be liable to the LESSOR. SECTION 15. TAXES AND INSURANCE 15.1 Real Estate, government assessments, and fire insurance charges shall be for the account of the LESSOR; however, any other taxes shall be borne by the LESSEE. SECTION 16. SALE, TRANSFER AND MORTAGE 16.1 In the event sale, transfer, mortgage or any other encumbrances of the LEASED PREMISES or any existing sale, transfer, mortgage or encumbrances of the same, pursuant to Section 7.2 hereof, LESSOR shall warrant to the LESSEE that the purchaser, mortgages, or encumbrance shall respect all terms and conditions of the Contract of Lease. Also, LESSOR are allowed to show the unit for viewing to prospective buyers with prior arrangements with the LESSEE. SECTION 17. INSPECTION OF THE PREMISES 17.1 The LESSOR shall maintain the LEASED PREMISES in good and tenantable condition and for such purpose the LESSOR reserves the right with prior notice to the LESSEE to enter and inspect the LEASED PREMISES and to make the necessary repairs therein at reasonable times. SECTION 18. FIRE 18.1 In case the damage of the LEASED PREMISES or its appurtenance is by fire, earthquake, war or any other unforeseen cause, the LESSEE will give immediate notice to the LESSOR. If the LEASED PREMISES shall be damage by fire or other causes without the fault or negligence of the LESSEE or its agents, clerks or servants, the injury shall be repaired at the expense of the LESSOR, as speedily as possible, after such notice; but if the LEASED PREMISES be so nearly destroyed as to make it uninhabitable without the fault or
neglect of the LESSEE, either party may demand the rescission of this Contract. No compensation or claim shall be allowed against the LESSOR by the reason of the inconvenience, annoyance or injury arising out of the necessity of repairing any portion of the unit. SECTION 19. BREACH or DEFAULT 19.1 In case of default or breach of any of the covenants and conditions herein provided, with reference to Section 4.12, this Contract, at the discretion of the LESSOR, may be terminated and cancelled forthwith and the LESSEE shall be liable for any and all damages, actual or consequential, resulting directly or indirectly from such default and termination.
SECTION 20. JUDICIAL RELIEF AND PENALTY 20.1 Should the LESSOR be compelled to seek judicial relief against LESSEE to enforce this Contract, the LESSE shall, in addition to the damages mentioned in the preceding paragraph, be liable to pay attorney’s fees equivalent to twenty percent (20%) of the amount claimed in the complaint, which should be no less than FOURTEEN THOUSAND (Php 14,000.00), aside from the cost of the litigation and other expenses which the law may entitle the LESSOR to recover from the LESSEE. All provisions, which are penal in character found in other sections of this Contract shall be considered as cumulative to the relief granted by this Section.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first written above.
JHANINE MAUREEN ALMAZORA
______________________________ CONRADO ESLABRA Lessor
SIGNED IN THE PRESENCE OF:
ACKNOWLEDGEMENT Republic of the Philippines City of Mandaluyong
BEFORE ME, a Notary Public for and in Mandaluyong City, this _____ day of _______________ 2017, personally appeared the following: Name Imilida Eslabra
Date and Place of Issue
Conrado Eslabra Jhanine Maureen Almazora known to me and to me known to be the same persons who executed the foregoing Contract of Lease and they acknowledged to me that the same is their free and voluntary act and deed. This Contract of Lease, consisting of eleven (11) pages, including the page where this acknowledgment is written, was signed by the parties on the appropriate spaces provided above and on the margins of all other pages. WITNESS MY HAND AND SEAL on the date and place first above written.
Doc. No. _______; Page No. _______; Book No. _______; Series of 2017.