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A Residential Sublease Agreement is used when one person (the "Sublessor") is also renting the property as a lessee from another (the "Lessor"), and said Sublessor surrenders the control and possession of the whole or part of the property for residential purposes in favor of another person (the "Sublessee") for a fee. It is a legally binding contract between both parties.
A Residential Lease Agreement should be used if the Sublessor is not leasing the property from the Lessor, such as if the Sublessor is the owner or authorized representative of the owner of the property.
A written consent from the Lessor is necessary before the Sublessor can sublease the property if:
1. The property is located in the National Capital Region or highly urbanized cities and the total monthly rent that the Sublessor is paying to the Lessor ranges from One Peso (P1.00) to Ten Thousand Pesos (P10,000.00)
2. The property is located in other areas and the monthly rent that the Sublessor is paying to the Lessor ranges from One Peso (P1.00) to Five Thousand Pesos (P5,000.00).
If the original lease agreement does not fall under the situations described above, the Sublessor should still check the lease contract to determine whether a written consent from the Lessor is necessary to sublease the property.
Provisions included in the template
A Residential Sublease Agreement identifies basic information about the sublease such as the property to be rented, the period of the sublease, the security deposits, and the monthly rental payments. It outlines the obligations of both the Sublessor and the Sublessee during the period of the sublease. The terms of the Residential Sublease Agreement cannot be more than the terms of the original lease.
A Residential Sublease Agreement contains the following information:
Rent - The parties may set the amount of monthly rent to be paid by the Sublessee for the sublease of the property. The parties may also agree on the manner and time of payment of the monthly rent. Advanced Rent and Security Deposit - The Sublessor may also require the payment of advanced rent and security deposit.
Terms and Conditions - The parties can also set out the terms and conditions for the sublease of the property. Some terms and conditions that may be included are:
How to use this document
Once the document is completed, the user should print at least three (3) copies of the document and attach all the Annexes described in the document. The Sublessor and the Sublessee, or their authorized representatives, should read then sign all the copies of the document.
Once signed, the Sublessor and the Sublessee should each keep at least one (1) copy of the document.
If the parties would want to notarize the Sublease Agreement, the document also includes an Acknowledgment portion. Notarization of the document converts the document from a private document to a public document so that it becomes admissible in court without need of further proof of its authenticity. To notarize the document, the parties must go to a notary public to acknowledge that they have signed the Sublease Agreement freely and voluntarily. They should also present a valid I.D. issued by an official agency bearing their photograph and signature such as a driver's licence or a passport, among others. The notary public will usually require one original copy of the document to be left with the notary public.
Once notarized, the Sublessor and the Sublessee should each keep at least one (1) copy of the notarized document.
The Civil Code of the Philippines governs the law on contracts and sublease. Additionally, other laws such as Republic Act No. 9653 (the "Rent Control Act") as extended by the National Human Settlements Board Resolution No. 2021-02 governs sublease contracts that fall under the following conditions:
1. The property is located in the National Capital Region or highly urbanized cities and the total monthly rent ranges from One Peso (P1.00) to Ten Thousand Pesos (P10,000.00)
2. The property is located in other areas and the monthly rent ranges from One Peso (P1.00) to Five Thousand Pesos (P5,000.00).
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