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3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS:
AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be
payable to the LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this
contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS
or the sum of PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency.
wherein the two (2) months deposit shall be applied as rent for the 11th and 12th
months and the remaining one (1) month deposit shall answer partially for damages
and any other obligations, for utilities such as Water, Electricity, CATV, Telephone,
Association Dues or resulting from violation(s) of any of the provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent,
such as when the checks are dishonored, the LESSOR at its option may terminate this
contract and eject the LESSEE. The LESSOR has the right to padlock the premises
when the LESSEE is in default of payment for One (1) month and may forfeit whatever
rental deposit or advances have been given by the LESSEE.
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the
leased premises to be occupied in whole or in part by any person, form or corporation,
neither shall the LESSEE assign its rights hereunder to any other person or entity and
no right of interest thereto or therein shall be conferred on or vested in anyone by the
LESSEE without the LESSOR'S written approval.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV,
water, Internet, association dues and other public services and utilities during the
duration of the lease.
8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or
damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other
unforeseen disabling cause of acts of God, as to render the leased premises during the
term substantially unfit for use and occupation of the LESSEE, then this lease contract
may be terminated without compensation by the LESSOR or by the LESSEE by notice
in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after
giving due notice to the LESSEE shall have the right to enter the premises in the
presence of the LESSEE or its representative at any reasonable hour to examine the
same or make repairs therein or for the operation and maintenance of the building or to
exhibit the leased premises to prospective LESSEE, or for any other lawful purposes
which it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation
thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased
premises with all corresponding keys and in as good and tenable condition as the same
is now, ordinary wear and tear expected devoid of all occupants, movable furniture,
articles and effects of any kind. Non-compliance with the terms of this clause by the
LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the
delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate
plus Twenty Five (25) % thereof as penalty until the LESSEE shall have complied with
the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave
the premises after the expiration of this Contract of Lease or termination for any reason
whatsoever.
11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek
judicial relief against the other, the losing party shall pay an amount of One Hundred
(100) % of the amount clamed in the complaint as attorney's fees which shall in no case
be less than P50,000.00 pesos in addition to other cost and damages which the said
party may be entitled to under the law.
12. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place
above written.
(Name of Lessor)
LESSOR
(Name of Lessee)
LESSEE
WITNESSETH:
THAT, for and in consideration of the payment of rent and the faithful
compliance by the LESSEE/BUYER of all the stipulations and covenants hereinafter
contained, the LESSOR/SELLER has agreed to lease unto the LESSE /BUYER the
premises located at _______________________________, City of Manila under the following
terms and conditions.
1. PURPOSE: That the premises hereby leased shall be used exclusively by the
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LESSE/BUYER for residential purposes only and shall not be diverted to other
uses. It is hereby expressly agreed upon that if at any time the premises are
used for other purposes, the LESSOR/SELLER shall have the right to rescind
this contract without prejudice to its other rights under the law.
TERM: The term of this nonrenewable lease is for ______________ months
from _____________________ to ________________ inclusive.
RENTAL RATE: The monthly rate for the leased premises shall be in
PESOS: ______________________ [_______________], Philippine currency. All rental
payments shall be made payable to ______________________.
DEPOSIT: That the LESSEE/BUYER shall deposit with the LESSOR/SELLER
upon signing of this contract and prior to move in an amount equal to ten
percent (10%) of the selling price or the sum of PESOS:
_____________________________________________________, Philippine currency.
RENTAL PAYMENT: The LESSE/BUYER shall issue, likewise, upon signing of
this contract and prior to move in, Thirty (30) post-dated checks to cover
monthly rental for the months of _________________ to __________________, each
check dated on the _____ day of each month.
DEFAULT IN PAYMENT: In case of default by the LESSEE/BUYER in the
payment of the rent, such as when the checks are dishonored, the
LESSOR/SELLER, at its option may terminate this contract and eject the
LESSEE/BUYER as hereinafter provided. However, the LESSE/BUYER is given
seven (7) days grace period within which to settle the account from date rental
payment is due. Granting an extension to the aforesaid grace period may not be
deemed as a waiver of LESSOR/SELLER right to terminate this contract and
eject the LESSE/BUYER but in the event the LESSOR/SELLER so opts to grant
a written request for extension, a penalty equivalent to three (3%) percent per
month of the rental due, with a fraction of a month considered as one month
shall be charged and assessed for delayed payments.
SUBLEASE: The LESSEE/BUYER shall not directly or indirectly sublet, allow
or permit the leased premises to be occupied in whole or in part by any person,
form or corporation; neither shall the LESSEE/BUYER assign its rights
hereunder to any other person or entity and no right of interest thereto or
therein shall be conferred on or vested in anyone by the LESSEE/BUYER
without LESSOR/SELLERs written approval.
LESSES VISITORS, etc: In case of damage to leased premises attributable to
the LESSEE/BUYER, agents and/or visitors, repair of the same shall be for the
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shall apply in case the LESSEE/BUYER violates any of the provisions in the
contract. Forfeiture shall likewise apply should the LESSEE/BUYER fails to
exercise his option to purchase after the expiration of this contract.
NON-WAIVER OF LESSORS RIGHT: Failure of the LESSOR/SELLER to enforce
strict performance by the LESSEE/BUYER of any of the terms, conditions and
covenants of this agreement shall not be construed as waiver of any right or
remedy that the LESSOR/SELLERS may have, nor shall it be deemed as a
waiver of any subsequent breach of the terms, conditions, and covenants
contained therein. No waiver by the LESSOR/SELLER of its rights hereunder
shall be deemed to have been made unless expressed in writing and signed by
the LESSOR/SELLER.
EXPIRATION OR CANCELLATION OF LEASE: At the expiration of the term of
this lease or cancellation thereof, as herein provided, the LESSEE/BUYER will
promptly deliver to the LESSOR/SELLER the leased premises with all
corresponding keys and in as good and tenantable condition as the same is now,
ordinary wear and tear excepted, devoid of all occupants, movable furniture,
articles and effects of any kind. Non-compliance with the terms of this clause
by the LESSEE/BUYER will give the LESSOR/SELLER the right, at latters
option, to refuse to accept the delivery of the premises and to compel the
LESSEE/BUYER to pay therefrom at the same rate as herein provided plus an
additional sum equal to Twenty Five (25%) percent thereof as penalty until the
LESSEE/BUYER shall have complied with terms hereof. The same penalty shall,
likewise, be imposed in case the LESSEE/BUYER shall refuse to leave the leased
premises after the expiration of this Contract of Lease or the termination for any
reason whatsoever.
OPTION TO PURCHASE: For good & valuable consideration, the receipt whereof
is hereby acknowledge from the LESSEE/BUYER. The LESSOR/SELLER hereby
extends an option to the LESSEE/BUYER to purchase for the amount of PESOS:
___________________________________________ [P __________________] of Lease on
the 18th month or the period from 1st to _____ of __________, _______. The
LESSEE/BUYER, at his/her/its exclusive option, conditioned on faithful
compliance with all payments and undertakings contained herein, may convey
his/her/its decision to avail of option to purchase in writing to the
LESSOR/SELLER who thereafter shall credit all rental payments up to the
__________ (___) month and the initial deposit stated above to down payment.
BALANCE AFTER THIS LEASE AGREEMENT: If LESSEE/BUYER complied
with all terms and conditions stated above, inclusive of payment of realty taxes,
power, water and association dues, the outstanding balance of the
LESSEE/BUYER shall be 70% of the Total Selling Price amount equivalent
to PESOS: _____________________________________ [P_____________], Philippine
currency. The LESSEE/BUYER hereby agrees to execute the Deed of Absolute
Sale upon payment in full of the TOTAL PURCHASE PRICE. Failure of the
LESSEE/BUYER to exercise his/its right to purchase within the period of 30
months from the execution of this contract shall mean forfeiture and
abandonment of his right to purchase. In such case, all payment made during
the term of this lease are considered rentals.
22. TRANSFER EXPENSES: Documentary stamp tax, capital gain tax, registration
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fees, transfer tax, and other necessary expenses connected with the execution
and registration of the sale shall be for the account of and paid by the
LESSEE/BUYER.
TAXES, UTILITIES AND OTHER ASSOCIATION IMPOSITIONS: For the
duration of this lease, LESSEE/BUYER shall pay the Realty Taxes. However,
should the LESSEE/BUYER not exercise the option to purchase,
LESSOR/SELLER shall reimburse the LESSEE/BUYER of all the taxes,
exclusive of penalties for delayed payments, if any, it had paid as well as the
start-up fund of the Homeowners Association.
JUDICIAL RELIEF AND PENALTY: Should any one of the parties herein be
compelled to seek judicial relief against the other, the losing parties shall pay an
amount equivalent to One Hundred Percent (100%) of the amount claimed in the
compliant as attorneys fees which shall in no case be less than P 100,000.00
pesos in addition to other cost and damages which the said party may be
entitled to under the law, to recover from the other party. Provisions of penal
character in this Contract of Lease shall be considered as cumulative to the
relief granted by this section.
RIGHTS AND INTERESTS: The rights and interests of the LESSOR/SELLER
subject under this instrument shall be fully assignable by the LESSOR/SELLER
subject only to previous written notice thereof to the LESSEE/BUYER.
FORFEITURE OF DEPOSIT: Forfeiture of whatever rental deposit and advances
shall apply to any of the following:
27. PENAL PROVISION: The parties agree that all covenant and agreements herein
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regular maintenance of the building or for any other lawful purpose which it may
deem necessary.
This RENT TO OWN CONTRACT (CONTRACT OF LEASE WITH OPTION TO
PURCHASE) shall be valid and binding, between the parties, their successors-ininterest and assigns. No amendment of the terms of the instrument shall be effective
unless in writing and signed by the parties therein.
IN WITNESS WHEROF, parties herein have affixed their signatures on the date
and place first above written.
__________________________
[Name]
LESSOR/SELLER
_______________________
[Name]
LESSEE/BUYER
_______________________
ACKNOWLEDGEMENT
Republic of the Philippines)
_________________________) S.S
BEFORE ME, a Notary Public, this _____ day of ____________, 20___
personally appeared the following to witness:
NAME
-------------------------------------------------------------
CTC No.
-----------------------------
DATE ISSUED
-----------------------------------------
PLACE ISSUED
-----------------------------------------
Known to me to be the same persons who have executed the foregoing, instrument and
acknowledged to me that the same is of their own free will and voluntary act and deed
as well as of the corporation herein represented.
This instrument consisting of ______ (__) pages, including the page on which this
acknowledgement is written, has been signed on the left margin of each page and every
page thereof by the parties and their instrumental witnesses and sealed with my
notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year and place above
written.
Doc. No. ______:
Page No. ______:
Book No. ______:
Series No 20___.
(Renter)
(Date)
(Landlord)
(Date)
________________________________________________________________________
___________________
8. Notices All notices shall be in writing and shall be given to the
Tenant at the dwelling; all rents and all notices,
which shall be in writing, shall be given to the Landlord at:
________________________________________________________________________
___________________
(name of landlord or landlord's representative) (address) (phone)
In case of emergency, Tenant shall contact the following person:
________________________________________________________________________
_______________
(name of landlord) (address) (phone)
9. Utilities Utilities shall be paid by the party indicated on the following
chart:
(Please place checkmark under the person who will pay for the utility.)
LANDLORD TENANT MUNICIPALITY
Electricity __________ __________ ____________
Gas __________ __________ ____________
Heat* __________ __________ _____________
Garbage Collection __________ __________ _____________
Trash Removal __________ __________ _____________
Hot Water* __________ __________ _____________
Other ________________ __________ __________ _____________
The Landlord must provide the facilities for the provision of heat and
hot water.
TENANT AGREES
7. Use of Property Tenant shall use the property for residential
purposes only. Tenant agrees not to engage in or permit
any household members, relatives, guests, invitees or agents to
engage in any unlawful use of the dwelling unit,
common areas or grounds.
8. Notice of Absence from Unit Tenant shall notify the landlord in
writing if the dwelling unit will be left unoccupied
by at least one adult household member for a period of longer than 30
days, and shall advise Landlord how to contact
Tenant during such period.
9. Tenant's Duty to Maintain Premises The Tenant shall maintain the
premises in a clean and neat condition and at all
times comply with an occupant's obligations under Article II of the
Massachusetts State Sanitary Code.
10. Waste of Utilities Tenant shall make every reasonable effort to
conserve the use of utilities supplied and paid for by
the Landlord and shall not waste the same.
11. Damage Tenant shall use all appliances, fixtures and equipment in
a safe manner and only for the purposes for which
they are intended and shall not litter, destroy, deface, damage or
remove any part of the dwelling unit, common areas
or grounds. Tenant shall pay amounts due for repairs for property
damage, reasonable wear and tear excepted, caused
by the intentional or negligent conduct of Tenant, a member of the
Tenant's household, relatives, invitees, guests or
agents upon receipt of a bill from Landlord. The written bill shall
include items of damage, the corrective action taken
any personal property left in or about the premises after the Tenant has
vacated shall be considered abandoned
property, and the Landlord may sell or otherwise dispose of same
without liability to the Tenant.
17. Permission for Landlord to Enter Unit Tenant agrees to allow
landlord or its agents to enter the dwelling upon
reasonable advance notice in order to inspect the premises, to
exterminate for pests, to make repairs or to show the
premises to prospective tenants, purchasers, mortgagers or their
agents. The Tenant will not be unreasonable in
denying entry. Landlord may also enter the premises without prior
consent if it appears to have been abandoned by the
Tenant or in case of emergency, and as otherwise permitted by law or
court order.
LANDLORD AGREES
18. Maintenance of Dwelling The Landlord agrees to maintain the
premises in a structurally sound condition and to
otherwise comply with an Owner's obligations under Article II of the
Massachusetts State Sanitary Code. Substantial
violations of the State Sanitary Code shall constitute grounds for
abatement of rent.
19. Destruction of Premises If the premises are rendered uninhabitable
by fire, flood or other natural disaster during the
term of this agreement, this agreement shall be thereupon terminated.
20. Notification of Termination Landlord shall not terminate this lease
except for serious or repeated breach
of tenant's obligations hereunder. In cases of nonpayment of rent,
Landlord may terminate the tenancy by a 14-day
written notice to vacate. In all other cases, Landlord may terminate the
tenancy by a 30-day written notice to vacate.
(signature) (signature)
_________________________ _________________________
(date of signature) (date of signature)
Tenant is encouraged to carry renters insurance on personal
belongings
LEASE
BASIC RENTAL AGREEMENT OR RESIDENTIAL LEASE
This Rental Agreement or Residential Lease shall evidence the
complete terms and conditions under which the parties
whose signatures appear below have agreed. Landlord/Lessor/Agent,
_____________________________, shall be
referred to as "OWNER" and Tenant(s)/Lessee,
_____________________________, shall be referred to as
"RESIDENT." As consideration for this agreement, OWNER agrees to
rent/lease to RESIDENT and RESIDENT
agrees to rent/lease from OWNER for use solely as a private residence,
the premises located at
_____________________________________________in the city of
__________________________________.
1. TERMS: RESIDENT agrees to pay in advance $______ per month on
the ____ day of each month. This
agreement shall commence on _____,___ and continue; (check one)
A.__ until _______, ___ as a leasehold. Thereafter it shall become a
month-to-month tenancy. If RESIDENT should
move from the premises prior to the expiration of this time period, he
shall be liable for all rent due until such time
that the Residence is occupied by an OWNER approved paying
RESIDENT and/or expiration of said time period,
whichever is shorter.
B.__ until ____________, ______ on a month-to-month tenancy until either
party shall terminate this agreement by
giving a written notice of intention to terminate at least 30 days prior
to the date of termination.
2. PAYMENTS: Rent and/or other charges are to be paid at such place or
method designated by the owner as follows
_____________________________________. All payments are to be made by
check or money order and cash shall
be acceptable. OWNER acknowledges receipt of the First Month's rent
of $__________, and a Security Deposit of
$__________, and additional charges/fees for
______________________________, for a total payment of
$__________. All payments are to be made payable to
__________________________________.
3. SECURITY DEPOSITS: The total of the above deposits shall secure
compliance with the terms and conditions of
this agreement and shall be refunded to RESIDENT within _____ days
after the premises have been completely
vacated less any amount necessary to pay OWNER; a) any unpaid rent,
b) cleaning costs, c) key replacement costs, d)
cost for repair of damages to premises and/or common areas above
ordinary wear and tear, and e) any other amount
legally allowable under the terms of this agreement. A written
accounting of said charges shall be presented to
RESIDENT within _____ days of move-out. If deposits do not cover such
costs and damages, the RESIDENT shall
immediately pay said additional costs for damages to OWNER.
4. LATE CHARGE: A late fee of $_____, (not to exceed ___% of the
monthly rent), shall be added and due for any
clogging of the drains. RESIDENT shall pay for the cleaning out of any
plumbing fixture that may need to be cleared
of stoppage and for the expense or damage caused by stopping of
waste pipes or overflow from bathtubs, wash basins,
or sinks.
15. HOUSE RULES: RESIDENT shall comply with all house rules as
stated on separate addendum, but which are
deemed part of this rental agreement, and a violation of any of the
house rules is considered a breach of this
agreement.
16. CHANGE OF TERMS: The terms and conditions of this agreement
are subject to future change by OWNER
after the expiration of the agreed lease period upon 30-day written
notice setting forth such change and delivered to
RESIDENT. Any changes are subject to laws in existence at the time of
the Notice of Change Of Terms. 17. TERMINATION: After expiration of
the leasing period, this agreement is automatically renewed from
month to
month, but may be terminated by either party giving to the other a 30day written notice of intention to terminate.
Where laws require "just cause", such just cause shall be so stated on
said notice. The premises shall be considered
vacated only after all areas including storage areas are clear of all
RESIDENT'S belongings, and keys and other
property furnished for RESIDENT'S use are returned to OWNER. Should
the RESIDENT hold over beyond the
termination date or fail to vacate all possessions on or before the
termination date, RESIDENT shall be liable for
additional rent and damages which may include damages due to
OWNER'S loss of prospective new renters.
Date__________________
OWNER'S or Agent's Signature
____________________________________________
Date__________________