Residential Lease Agreement

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 and lot, situated at ________, covered by Transfer Certificate of Title No. ________, a copy of which is hereto attached as Annex "A".

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:

1. 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.

2. RENTAL

a. RATE. The LESSEE shall pay for the use of the LEASED PROPERTY the monthly rate of ________ (P________), inclusive of association dues, to be paid in advance within Five (5) days of every current month.

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

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 and any delayed payments thereafter shall be charged a penalty of ________ (________%) percent of the rent.

3. 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.

4. METHOD OF PAYMENT

At the signing of this Agreement, the LESSEE shall make the initial payment of the advance rent and the security deposit under this Agreement in cash to the LESSOR. Thereafter, the monthly rent payments shall be made in advance in cash to the LESSOR every 1st day of the month. However, when said day falls on a weekend or a legal holiday, the rent will be due on the first business day after said date.

5. 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.

6. USE OF LEASED PROPERTY

a. PURPOSE OF THE LEASE. The LEASED PROPERTY shall be used exclusively by the LESSEE for residential purposes only 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.

b. 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 of 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.

c. IMPROVEMENTS AND ALTERATIONS. The LESSEE shall not make any structural alteration, addition, or improvement on 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.

Any useful improvements introduced by the LESSEE with the written consent of the LESSOR may be retained by the LESSOR, upon termination or expiration of this lease, by paying one-half of the value of the major alteration or improvement unless otherwise provided in the written consent. Should the LESSOR refuse to keep the said improvements, the LESSEE may remove the same even though the LEASED PROPERTY may suffer damage provided that the LESSEE shall not cause any more damage to the LEASED PROPERTY than is necessary for the removal of the improvements, unless otherwise provided in the written consent. However, unless otherwise provided in the written consent, any ornamental improvements shall automatically inure to the benefit of the LESSOR unless the LESSOR does not choose to retain said ornamental improvements and the same can be removed without damage to the LEASED PROPERTY.

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. The LESSEE shall remove any installed nails, hooks, screws, etc. at the expiration or termination of the lease and restore any surface where said nails, hooks, screws, etc. were installed to its original condition.

d. OCCUPANCY. The LESSEE shall ensure that not more than ________ (________) persons shall reside in the LEASED PROPERTY at one time.

e. FIRE HAZARD AND HAZARDOUS SUBSTANCE. The LESSEE shall not keep or store flammable, combustible or explosive materials inside or within the LEASED PROPERTY.

f. 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 water, electricity, landline phone, internet and cable tv, 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.

g. SHORT-TERM SUB-RENTALS. The LESSEE shall not place the LEASED PROPERTY up for any short term rental, including through online vacation rental sites.

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

________

i. 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.

j. 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.

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

7. TAXES AND INSURANCE

All real estate taxes levied or assessed against the LEASED PROPERTY and the following insurance on the LEASED PROPERTY shall be for the account of the LESSOR:

________

8. RIGHT OF ENTRY OF LESSOR

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

a. 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.

b. 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.

c. 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.

d. At any of the following circumstances:

1. With the consent of the LESSEE

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

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

9. TERMINATION OF THE LEASE BY THE LESSOR

The lease may be terminated, at the discretion of the LESSOR, under the following circumstances:

a. If the LESSEE assigns or subleases the LEASED PROPERTY, in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the LESSOR;

b. If the LESSEE has arrears in payment of rent for a total of three (3) months;

c. 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;

d. 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

e. Upon the expiration of the period of lease.

10. 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.

11. RECEIPT OF NOTICE BY THE LESSEE

All written notices from the LESSOR, including but not limited to the written notice to terminate the lease and the written demand to vacate and surrender the LEASED PROPERTY, shall be considered received on the date of the actual receipt by the LESSEE or the LESSEE's authorized representative. If the LESSEE or the LESSEE's authorized representative refuse to receive the said written notices or if the LESSEE or the LESSEE's authorized representative cannot be found on the LEASED PROPERTY, the written notice shall be considered received by the LESSEE on the date of the posting of the written notice on the main entrance to the LEASED PROPERTY.

12. 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.

13. PRE-TERMINATION BY THE LESSEE

The LESSEE may pre-terminate the lease:

a. 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;

b. 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;

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

14. FORTUITOUS EVENTS

In case of damage to the LEASED PROPERTY due to fortuitous events such as flood, earthquake, fire, war, or any other unforeseen events, the LESSEE shall immediately give notice to the LESSOR as soon as possible, and in no case, less than forty-eight (48) hours from the discovery of said damage. The LESSOR shall make the necessary repairs for the LESSOR's account as provided for in this AGREEMENT provided that said damage is not due to the fault or negligence of the LESSEE. However, if the said damage, without the fault or negligence of the LESSEE, makes the LEASED PROPERTY no longer suitable for the purpose of this AGREEMENT, either party may terminate the lease and any unused advance rental already paid shall be refunded to the LESSEE.

The LESSEE agrees to act with reasonable diligence in mitigating the damage to the LEASED PROPERTY.

15. 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.

16. 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.

17. ASSIGNMENT AND SUBLEASE

The AGREEMENT may not be assigned and the LEASED PROPERTY may not be subleased without the written consent of the LESSOR.

18. 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 or cancellation or waiver of such covenant or option. No waiver shall be deemed to have been made unless expressed in writing and signed by LESSOR or the LESSEE.

19. 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.

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21. 85285558585588 82 585 LESSEE

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23. ENTIRETY OF AGREEMENT

This AGREEMENT represents the entire agreement between the LESSOR and the LESSEE and supersedes all prior negotiations, representations, 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 )
PROVINCE OF _________________ ) S.S.
CITY/MUNICIPALITY OF ____________________)

BEFORE ME, a Notary Public in and for ________________, Philippines, this __________________ personally appeared:

1. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________;

2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________.

All known to me 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 ________.