Contract of Commodatum
Contract of Commodatum
CECILE VIRAY DE MESA, of legal age, Filipino, single / married, and a resident of
Nelson Trading, Henson St., Angeles City, hereafter referred to as the “LESSOR”;
And
RUBEN DONINA Jr., of legal age, Filipino, single / married and presently a resident
of
___________________________________________________________
___ hereinafter referred to as the “LESSEE”.
WITHNESSETH:
WHEREAS, the LESSEE desires to lease from the LESSOR and the LESSOR desires to
lease out to the LESSEE the Leased Premises, subject to the terms and conditions
hereof.
NOW, THEREFORE, for and in consideration of the payment of the rent set
forth in Section 3 hereof (the “Lease Rental”) and other payments
prescribed herein, as well as the faithful compliance by the parties of all
the covenants, terms and conditions likewise set forth in this Contract,
LESSOR hereby leases unto LESSEE, and the latter hereby accepts under a
lease, the Leased Premises, under the following terms and conditions:
1. LEASED PREMISES
The Leased Premises shall be Furnish Apartment N located #3-11 California St. Villa
Sol Subdivision Friendship Angeles City, Pampanga.
2. TERM OF LEASE
The Contract of Lease shall be effective for a term of three (3) months commencing
on November 3,2012 and terminating on February 3,2013.This Contract may
be renewed for another period of months, with an adjustment in the Lease Rental,
upon mutual agreement of the parties, provided the LESSEE notifies the LESSOR in
writing, not less than thirty (30) days prior to the expiration of the term, of its desire
to negotiate the terms and conditions for the renewal of this Contract.
3. LEASE RENTAL
3.1. The monthly rental for the said lease shall be in the sum of Eight Thousand
Five Hundred Pesos (Php8,500.00), exclusive of taxes and shall be payable by
the LESSEE to LESSOR in advance within the first five (5) days of the month without
need of any demand.;
3.2. The LESSEE shall be accorded a 15-day grace period from due date within
which to pay any of the rental fees without incurring any interest. After the
expiration of this period and the continued default of the LESSEE, the LESSOR shall
have the right to impose interest at the rate of five percent (5%) per month of the
outstanding amount of rental fee, commencing from the due date for payment,
without prejudice to the exercise by the LESSOR of any of its rights under this
Contract or under pertinent laws.
3.3. That the LESSEE shall pay its rental to Mr. Allandonie E. Unto or at NELSON
TRADING Henson St. Angeles City without the necessity to express demand from the
LESSOR.
4. SECURITY DEPOSIT
4.1. Upon signing of this contract, LESSEE shall also pay LESSOR the sum of
TWENTY THOUSAND PESOS (Php20,000.00) as Security Deposit for the
performance of LESSEE’s obligations under this Contract, including but not limited to
the payment of any unpaid bills, dues, utilities; damage to the Leased Premises;
ordinary wear and tear excepted, due to the use thereof by the LESSEE. The
LESSOR is hereby authorized, but not obligated, to apply the Security Deposit to any
outstanding obligations of the LESSEE. Any balance from the security deposit shall
be reimbursed to the LESSEE after one (1) month from the date the LESSEE actually
vacates the Leased Premises.
4.2. It is understood that the LESSOR shall not be obliged to apply the Security
Deposit to any unpaid rent due from LESSEE, such non-payment constituting default
as defined in Section 14.
4.3. The Security Deposit shall be forfeited in favor of the LESSOR upon the
occurrence of any breach by LESSEE of any of its obligations and covenants under
this Contract. The forfeiture of the Security Deposit as provided above shall be
without prejudice to the liability of the LESSEE to pay any unpaid bills and
obligations arising from LESSEE’s use of the Leased Premises.
5. UTILITY CHARGES
5.1. The LESSEE shall be responsible for paying the costs of electricity, water,
telephone, television cable, internet, garbage disposal, and other utility charges,
including the cost of installation fees and deposits related thereto, which are used
and consumed within or from the Leased Premises.
5.2. The LESSEE shall at the end of the said term, present to the LESSOR the
receipts of payments of utilities for electricity, telephone, water, television cable,
internet, garbage disposal, and other utility expenses, free and cleared from dues
and payables. Unpaid bills will automatically be deducted from LESSEE’S security
deposit.
6. RESTRICTION ON USE
6.1. The LESSEE shall strictly occupy the Leased Premises for residential use only
and not for any business or purposes against the law.
6.2. The LESSEE shall limit the number of people residing up to two (2) persons only
at any given time.
6.3. The LESSEE shall not store any dangerous, flammable, explosive, hazardous,
obnoxious and prohibited goods and materials in the Leased Premises.
6.4. LESSEE’s pets (e.g. dogs, cats, and birds) shall not be allowed to stay in the
Leased Premises and the apartment compound.
7. SUB-LEASE
The LESSEE shall not directly or indirectly sublease, assign, transfer or convey any
portion of the leased premises under whatsoever circumstances. Any contract that
may be made in violation of this clause shall be null and void at the beginning.
8. REPAIRS, MAINTENANCE AND CLEANLINESS
8.1. LESSEE acknowledges that the Leased Premises are in good and tenantable
condition and therefore obliged to undertake minor repairs and maintenance at its
expense to maintain the same. Costs of major repairs caused by carelessness,
negligence or deliberate acts of the LESSEE shall be paid by the LESSEE to the
LESSOR.
8.2. LESSEE shall promptly inform the LESSOR in writing of any damage, defect or
similar conditions (for whatever cause) in the Leased Premises. In the event that
LESSEE fails to undertake the minor repairs on the Leased Premises, LESSOR may
opt to perform the works/repairs itself or cause a third party to perform the
works/repairs and charge the cost thereof for the account of LESSEE.
8.3. LESSEE shall maintain good housekeeping and comply with all laws, ordinances,
sanitary rules and safety regulations regarding the use, occupation and sanitation of
the Leased Premises and further acknowledge the right of the LESSOR to make
regular inspection on the Leased Premises within any reasonable hour of the day.
9. IMPROVEMENTS
9.1. The LESSEE shall not introduce or proceed with any improvements, alterations
or additions to the Leased Premises without the written consent of the LESSOR. The
LESSOR shall give its consent only to the extent that such additions, alterations or
improvements will not compromise the system integrity, structural safety, and
architectural, technical and aesthetic standards of the Leased Premises.
9.2. All such permanent additions, alterations and improvements made on the
Leased Premises by LESSEE shall become LESSOR’s property upon the termination
of this contract or its extension, without any obligation on LESSOR’s part to
reimburse LESSEE for the value thereof. The term “permanent improvement” shall
mean all improvements that are introduced on or within the Leased Premises that
cannot be removed without causing damage to the Leased Premises.
9.3. Upon request of the LESSEE, the LESSOR has allowed the LESSEE to repaint the
Leased Premises to the LESSEE’s preferred color and finish. It is understood,
however, that the LESSEE shall restore the painting color of the Leased Premises
back to the original finish.
10. MISSING KEYS
The LESSEE shall pay One Hundred Pesos (Php100.00) per missing key, of which
5pcs. keys are endorsed to the LESSEE.
11. FREE AND HARMLESS
LESSEE shall hold LESSOR free and harmless from any liability or responsibility for
death or injury to any person or damage to property arising out of or as a
consequence of this Contract, or the use of the Leased Premises by LESSEE, its
agents, guests, or persons under the control or supervision of the LESSEE.
12. EXTENT OF LESSEE’s LIABILITY
LESSEE shall be responsible at all times for acts and omissions done by LESSEE, its
agents, guests, or any other person gaining access to the Leased Premises on
account of the LESSEE. Any damages to the Leased Premises due to the fault or
negligence of LESSEE, its agents, guests, or other person/s gaining access on
account of LESSEE, shall be chargeable to the LESSEE.
13. GUARANTEED LEASE
13.1. LESSEE shall have the option to pre-terminate this Contract provided the
LESSEE informs the LESSOR in writing at least 30 days prior to the actual date the
LESSEE intends to vacate the Leased Premises. Notwithstanding the foregoing, the
unused portion of the Advance Rental Payment stipulated in Section 3 shall be
forfeited in favor of the LESSOR.
14. EVENTS OF DEFAULT
The LESSEE shall be considered in default upon its (1) failure to pay, in whole or in
part, the Lease Rental on the due date and/or any of the fees, charges, dues, and
other payments required of the LESSEE under this Contract, except when the
LESSEE was prevented from doing so by the occurrence of war and natural calamity
or any other acts of God similar to the foregoing; and (2) failure to comply with any
of the terms and conditions of this Contract (the “Events of Default”).
15. TERMINATION AS CONSEQUENCE OF DEFAULT
15.1. Should the LESSEE be in default for two (2) consecutive months after receipt
of written notice of an Event of Default, LESSOR shall have the option to demand
specific performance of the pertinent provisions/s of this Contract, or to consider this
Contract terminated and without further force and effect.
15.2. Upon such termination, LESSEE shall peacefully vacate and deliver possession
of the Leased Premises to LESSOR in accordance with Section 16. Moreover, LESSOR
shall forfeit or confiscate any Advance Rental payment and Security Deposit provided
in Sections 3 and 4 without prejudice to any other rights and remedies available to
LESSOR under the law.
16. PRE-TERMINATION
In addition to Section 15.1 hereof, the LESSOR may also immediately terminate this
Contract, without need of resorting to court action, even before expiration of the
Term, by sending written notice to the LESSEE upon the occurrence of the following
events:
a. If the LESSEE commits a breach of any of the terms and conditions of this
Contract (except the obligation to pay Lease Rentals or other amounts due
under this Contract, in which case Section 15.1 or Section 16 (b),
respectively, shall apply) and fails to remedy the same within fifteen (15)
days from notice by the LESSOR to remedy the breach.
b. If the LESSEE fails to pay any and all accounts, other than Lease Rental (in
which case Section 15.1 hereof shall apply), related to this Contract (e.g.
reimbursements, penalties, utility bills and others) within the periods provided
herein.
IN WITNESS WHEROF, the parties have hereunto signed these presents on the
____ day of __________________2012 at Angeles City.
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
Angeles City ) SS
BEFORE ME, a Notary Public for and in Angeles City, this _____ day of ___________
2012, personally appeared the following:
WITNESS MY HAND AND SEAL on the date and place above stated.