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IX LEASE
Form No. 3--Contract
of Lease Condominium Unit
(Contract of
Lease Condominium Unit)
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease, made and entered into by
and between:
_____________,
a domestic corporation duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with
principal office at _____________,
Philippines and represented in this act by its
__Positition__,
__Officer__,
(hereinafter referred to as the "LESSOR");
- and -
_____________,
of legal age, Filipino, (single / married /
widow), and a resident of
_____________, Philippines, (hereinafter referred to as
the "LESSEE");
WITNESSETH: that -
WHEREAS, the LESSOR is the owner of a
condominium unit located at
_____________, more particularly described as follows:
(Technical Description of Condo Unit)
WHEREAS, the LESSEE desires to occupy the
above-named condominium unit and the LESSOR is willing to lease the
same unto the LESSEE, subject to the terms and conditions
hereinbelow set forth.
NOW, THEREFORE,
for and in consideration of the foregoing premises and the covenants
hereinafter stipulated, the parties hereby agree as follows:
1. Term: This
lease shall be for a
duration of _________ (____)
year commencing from _____________
and to end on _____________,
renewable at the option of the LESSEE at such new terms and
conditions as may agreed upon by the parties.
2. Rental: The LESSEE agrees to pay the
LESSOR the monthly rental fee of Pesos:
__________________________ (P_____________),
Philippine currency. Upon signing of this Contract of Lease, the
LESSEE shall pay the LESSOR __________
(_____) months' rentals in
advance to be applied on the last
__________ (_____)
months of the term of this LEASE. The LESSEE shall also issued
________
(____) post-dated checks covering
the monthly rentals for the duration of this LEASE.
3. Deposit: The LESSEE shall also pay
the LESSOR the sum of __________
(_____) months deposit of
Pesos: _____________ (P___________),
Philippine Currency, to guarantee the payment of any damage to the
leased premises, unpaid utilities and other obligations to third
parties by the LESSEE during the term of the agreement, which
deposit shall bear no interest. Unless applied to said damages,
unpaid utilities and other obligations to third parties, said
deposit shall be returned to the LESSEE within
_________ (_____)
days after the termination of this agreement: Provided, however,
that the deposit cannot be applied to unpaid back rentals owed by
the LESSEE prior to the expiration of this agreement. Furthermore,
if the LESSEE vacates the premises before the expiration of the
period of lease, the total amount of the deposit and advance rentals
shall be forfeited in favor of the LESSOR.
4. Association Dues: Association dues
per month of Pesos: _____________
(P___________), Philippine
Currency or as may be determined by the Association from time to
time, including interest or penalties that may be imposed for late
payment, shall be for the account of the LESSEE.
5. Use of the Premises: The premises
shall be used exclusively for residential purposes only of the
LESSEE and the immediate members of
(his/her) family and shall not in any way be used for any
illegal or unlawful activity or to keep materials, chemicals and
other matters considered as fire hazards or nuisance to the
building.
6. Improvements: The LESSEE shall not
make any alteration, structural changes or improvement in the leased
premises without the prior written consent of the LESSOR. However,
at the termination of the lease, the same not having been renewed by
the parties, the LESSEE shall restore the leased premises in its
original state existing at the commencement of the agreement.
Restoration of the LEASED PREMISES shall be for the exclusive
account of the LESSEE. Any improvement after the lease is terminated
and after the LESSEE shall have vacated the premises shall belong to
the LESSOR.
7. Facilities: All charges for water,
electricity, telephone, association dues and other public utilities
used in the leased premises as well as janitorial and security
services or any other charges as may be imposed by the building
administrator of the condominium building shall be for the account
of the LESSEE. The LESSEE hereby guarantee the prompt payment of any
and all charges heretofore mentioned as they fall due. Any delay in
the payment thereof shall constitute a material breach of this
agreement.
8. Insurance: The LESSOR shall insure
the leased premises against fire. Should the leased premises be
damaged by fire, earthquake, storm or any fortuitous events to the
extent that the same be rendered untenable this agreement shall be
automatically canceled and the deposit as well as the unused portion
of the advance rentals be refunded within
_____________ (_______)
days, minus any unpaid obligation.
9. Repairs: The LESSEE shall, during the
duration of the lease, make all minor repairs on the leased premises
to preserve the same in serviceable or tenantable conditions at the
LESSEE's expense except replacement of parts due to natural wear and
tear. The LESSEE, however, shall give advance written notice to the
LESSOR of Ten (10) days prior to undertaking any minor repair. All
damages caused to the leased premises due to the fault, misuse,
carelessness, and/or negligence or on account of the use thereof by
the LESSEE and other occupants therein shall be made good and
repaired by the repairs done. Should the LESSEE fails to make the
necessary and appropriate repairs within five (5) days from demand,
the LESSOR shall undertake the needed repairs and shall charge the
costs thereof to the LESSEE.
10. Inspection of the Premises: To ensure
that the lease premises is being maintained in good and tenantable
conditions, the LESSOR or his authorized representative is hereby
given the right after due notice, to enter and inspect any part of
the leased premises during reasonable hours and as the occasion
thereof might require.
11. Assignment and Sub-Lease: The LESSEE
hereby shall have no right to assign or transfer its rights,
interest and obligations under the lease contract or sub-lease
contract premises or any portion thereof to any person or entity
without the prior written consent of the LESSOR.
12. Injury or Damage: The LESSEE hereby
assumes the full responsibility for any damage which may be caused
to the person or property of any third person in the leased premises
during the duration of the lease. LESSEE further binds himself to
hold the LESSOR free and harmless from damages as a result thereof,
unless such damage or liability arose out of structural or other
inherent defects in the leased premises or is due to the fault of
the LESSOR, his agent or representatives.
13. Sale of Leased Premises: The LESSEE
recognizes the right of the LESSOR to sell or otherwise convey
ownership of the leased premises to any other interested party,
provided the LESSEE's rights under the lease are respected.
14. Hazardous and Prohibited Materials:
The LESSEE shall not keep or store in the lease premise any
hazardous and obnoxious substance or inflammable material or
substance that might constitute a fire hazard or other chemicals and
materials or prohibitive drugs in violations of the laws of the
Philippines.
15. Rules and Regulations: The LESSEE
binds himself to comply with the existing rules and regulations
promulgated by the building administrator and/or association and any
other environmental or other laws, ordinances, rules and regulations
applicable to the leased premises.
16. Violations: The LESSOR may, at this
options, consider this agreement automatically rescinded and
canceled, without need of any court action, upon ten (10) days
notice given to the LESSEE based on any of the following grounds:
a. Failure of the LESSEE to pay two (2) months
advance rental and other bills or charges therefore mentioned as
they fall due for any reason whatsoever within the period to pay.
b. For any violation made by the LESSEE or its
agents and representatives of any of the terms and conditions
stipulated in this contract.
c. In case the leased premises shall be vacated
or abandoned for a period of thirty (30) days without prior written
notice to the LESSOR. Consequently, the LESSOR is hereby permitted
authorized by the LESSEE to enter the premises, either by force or
otherwise, without being liable to prosecution therefor.
Upon termination of the contact of lease based on
any of the foregoing grounds and upon demand, the LESSEE shall
immediately vacated and peacefully surrender possession of the lease
premises to the LESSOR or his duly authorize representative.
17. Remedies: In addition to the
provisions of the proceeding paragraph, the LESSEE hereby
acknowledges and recognizes the right of the LESSOR to avail or
resort to any or all of the following remedial measures without need
of court action:
a. In case of failure of the LESSEE to pay or
settle any due and unpaid obligations (rentals, electricity, water,
telephone, association dues etc.) as provided for under this lease
contract , the LESSEE hereby authorizes the LESSOR, who is hereby
given the right, to disconnect all facilities such as but not
limited to disconnect all facilities such as but not limited to
electricity, telephone, water in the leased premises without need of
further notice to the LESSEE.
b. Likewise, until the aforesaid unpaid
obligations are paid or settled, the LESSEE hereby given the rights,
to re-renter the lease premises, remove all persons therefrom, take
possession of any of all furniture, fixtures and equipment's found
thereon or therein and/or padlocked the door of the premises.
c. Moreover, by way of a security or to secure
the payment of any of the unpaid obligations of the LESSEE , the
LESSEE consents and authorizes the LESSOR to retain possession of
any of all the furniture, fixtures and equipment's that may found on
the premises as belongings to the LESSEE until such time that all
the unpaid obligations of the LESSEE are paid or settled.
d. If after ten (10) days from the date the
LESSOR shall have taken possession of the aforesaid furniture,
fixtures and equipment by way of security, the LESSEE still fails to
pay or settle its unpaid obligations to the LESSOR the LESSEE hereby
consents and authorizes the LESSOR to sell by way of public or
private sale any or all the furniture's fixtures equipment as may be
sufficient to pay or settle the lessee's unpaid obligations plus the
accrued interests and attorney's fee equivalent to 25% of the total
amount due and unpaid. All expenses that may be incurred in the sale
shall be for the account of the LESSEE.
For purposes of selling the aforesaid properties,
the LESSEE hereby irrevocably appoint the LESSOR as its
attorney-in-fact to sell and dispose of any or all of the aforesaid
the property of the LESSEE in a private or public sale at a price as
may be determined to be just and reasonable by the LESSOR and to
apply the proceeds therefrom to any or all the unpaid obligations of
the LESSEE.
If the sale proceeds should proved to be
inadequate to fully payer settle the unpaid obligations of the
LESSEE, the LESSEE shall remain liable to the LESSOR for any of the
deficiency.
Should the proceeds of the sale of any of the
aforesaid properties be sufficient to pay or settle all of the
lessee's unpaid obligations, the LESSEE may get back its other
properties not sold by the LESSOR. If after thirty(30) days from
written notice of the LESSOR directed to the last known address of
the LESSEE, the LESSEE still fails to get back the remaining
properties, said properties shall then be deemed abandoned in favor
of the LESSOR.
The above enumerated remedies oproved for the
LESSOR shall not be exclusive, but shall be cumulative and without
prejudice to any court action that may be instituted by the LESSOR
for any causes of action that may arise under this contract of
lease.
18. Attorney's Fee: In case the LESSOR
resorts to judicial action base upon or in connection with this
lease contract, the LESSEE hereby agrees to pay attorney's fee
equivalent to _____________ (_______%)
percent of the total amount involved pr claimed by the LESSOR as
against the LESSEE plus all court expenses and/or costs of
litigation.
19. Venue: All court actions from this
contact of lease shall be filed only in the proper courts of
_____________, Philippines to
exclusion of all other courts.
20. Time of Essense: Time is the essence
hereof any waiver by the LESSOR of a breach of any term, covenant or
condition herein contained, whether express or implied, shall not
constitute of a waiver of any subsequent breach thereof, or a breach
of covenant to pay the rent so accepted. No waiver by the LESSOR
shall be deemed to have been made unless expressed in writing and
signed by the LESSOR.
IN WITNESS WHEREOF, the parties have
hereunto set their hands, this
_____________ at
_____________, Philippines.
LESSOR
LESSEE
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
Form No. 4--Contract
of Lease of Hacienda
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