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Lease of Residential House-101

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CONTRACT OF LEASE OF RESIDENTIAL HOUSE

Know All Men By These Presents:

That this contract is entered into by and between:

__________________________________, of legal age, Filipino, single and with


office and postal address at ________________________________________________;
hereinafter referred to as the LESSOR; and

__________________________________________ of legal age, Filipino citizen, and


with postal address at
_______________________________________________________; and hereinafter
referred to as the LESSEE.

WITNESSETH, that:

1. PARTIES: This Contract is between _______________________________________


(“LESSOR”) and ______________________________________________________________________
PAGE 1 OF 5 -- LEASE OF RESIDENTIAL HOUSE

(“LESSEE”), of legal age, Filipino citizen, with postal address at


____________________________________. LESSEE agree to rent the residential house for
use as a private residence only. For purposes of the non-monetary obligations
under this Contract, the term “LESSEE” shall include all residents or occupants
of the residential house and LESSEE’s invitees and guests.

2. RESIDENTIAL HOUSE: The lot and the house situated at


_____________________________
__________________________________________________________________________________________.

3. PARKING SLOT & MONTHLY FEE: [Insert Here Specific Slot No. and Monthly Fee
for Parking Slot], if any.
________________________________________________________________

4. OCCUPANTS: Occupancy for the residential house shall only include the LESSEE
and their immediate family inclusive of their children (if any) and a house helper
(if any). Persons not included in this list/category must not stay in the
residential house for more than two (2) consecutive days and no more than
twice that many days in any one calendar month.

5. MULTIPLE RESIDENTS: Each occupant is jointly and severally liable for this Lease
Contract. If the LESSEE or any guest or occupant violates the Lease Contract, all
occupants are considered to have violated this Lease Contract. The LESSOR’s
request or notice to any resident constitutes notice to all occupants in the
residential house. In ejectment suits, each occupant is considered an agent of
the LESSEE for service of processes.

6. CONDITION OF THE PREMISES AND ALTERATIONS: The LESSEE hereby


acknowledge to have received the residential house and fixtures as-is in a clean,
safe, and good working condition. LESSEE must use customary diligence in
maintaining the residential house and not damaging or littering the common
areas.

7. MONTHLY RENTAL: ______________________________________ PESOS


(PHP________________), payable on or before the fifth (5th) day of each calendar
month, without need of demand.

8. LEASE TERM: One (1) year commencing on __________________________ and expiring


on __________________________. Pre-termination of the lease by the LESSEE is
prohibited and will result in Accelerated Rent and the forfeiture of the Security
Deposit. There shall be no implied renewal of the Lease Term. Any renewal must
be written and mutually agreed upon and signed by the parties. In case of
failure or refusal of the LESSEE to vacate and surrender the residential house to
the LESSEE at the expiration or termination of the lease and upon demand in
any form, the LESSEE agrees to pay the LESSOR double (2x) the Monthly Rental
above-stipulated, for each month of delay, as reasonable compensation for the
use and occupation of the residential house, until the same is vacated and
surrendered by the LESSEE to the LESSOR. Provided, however, that the payment
by LESSEE of such reasonable compensation shall not be construed as an
extension or renewal the lease, unless there is a written agreement of renewal.
A fraction of a month shall be considered as one (1) month for purposes of
computing said reasonable compensation due to LESSOR.

9. ADVANCE RENTAL: Upon the execution of this Contract, LESSEE agrees to pay in
advance one (1) month’s rent which will be applied to the last months of the
Lease Term.

10. SECURITY DEPOSIT: Upon the execution of this Contract, LESSEE agrees to pay
a security deposit in an amount equivalent to two (2) months’ rent, as security
for the faithful compliance by the LESSEE of all terms and conditions of this
Contract and for the return of the residential house in good and proper
condition, and to answer for any and all repairs or damages to the residential
PAGE 2 OF 5 -- LEASE OF RESIDENTIAL HOUSE

house and other liabilities of the LESSEE under this contract. This security
deposit cannot be applied by the LESSEE to any unpaid rental(s) or to any other
liability of the LESSEE to the LESSOR. If there is an excess, the security deposit
shall, unless the same is subject to forfeiture under this Contract, be refunded
to the LESSEE, without any interest thereon, within ninety (90) days after the
expiration of the lease and after the LESSEE has moved-out of and vacated the
residential house, whichever is later.

11. DEDUCTIONS TO SECURITY DEPOSIT AND OTHER CHARGES: The following


charges will be deducted from the security deposit, if applicable unpaid rent;
unpaid utilities; unreimbursed advances; repairs or damages to the residential
house caused by negligence, carelessness, accident, or abuse, including
stickers, scratches, tears, burns, stains, or unapproved holes; replacement cost
of LESSOR’s property that was in or attached to the residential house and is
missing; utilities for repairs or cleaning; trips to let in LESSOR’s representatives
to remove telephone or cable TV services or rental items (if LESSEE so request
or has moved out); trips to open the RESIDENTIAL HOUSE when LESSEE or any
guest or occupant is missing a key; unreturned keys; missing or burned-out
light bulbs; removing or rekeying unauthorized security devices; packing,
removing, or storing property removed or stored pursuant to this contract;
removing illegally parked vehicles; trash removal; government fees or fines
against LESSOR for LESSEE’s violation of laws, decrees or ordinances; late-
payment and returned-check charges; or in any valid eviction proceeding
against you, plus attorney’s fees, court costs, and filing fees actually paid;
charges for replacing all keys if LESSEE fails to return them on or before actual
move-out date; accelerated rent under par. 15; and other sums due under this
Lease Contract.

12. UTILITY SERVICES: All charges for electricity, water, and other utility services
to the residential house shall be for the sole account of the LESSEE. LESSEE
shall promptly pay all utility charges directly to the utility company concerned.
The LESSOR will not be liable for the discontinuance of or interruptions in utility
services to the LESSEE due to any cause or reason whatsoever.

13. LOSS: The LESSOR is not liable to any resident, guest, or occupant for injury,
damage, or loss to person or property, from any cause including fire, smoke,
rain, flood, water leaks, lightning, wind, explosions, interruption of utilities,
pipe leaks, theft, negligent or intentional acts of resident, occupants, guests, or
criminal conduct of other persons including theft, burglary, assault, vandalism
or other crimes.
14. HOUSE RULES: LESSEE shall faithfully comply with and abide by the House
Rules promulgated, updated, or revised by the LESSOR from time to time. The
House Rules shall form an integral part of this Contract such that any violation
thereof will constitute a breach of this Contract.

15. ACCELERATED RENT: All monthly rent for the remainder of the Lease Term will
be accelerated automatically without notice or demand (before or after
acceleration) and will be immediately due and delinquent if, without LESSOR’s
written consent: (1) LESSEE moves out, removes property preparatory to
moving-out, or gives oral or written notice of intent to move out before the
Lease Term ends; and (2) LESSEE has not paid all the rent for the entire Lease
Term. Such conduct is considered a breach of the lease contract. Remaining rent
also will be accelerated if LESSEE is judicially evicted or moved-out on demand
of the LESSOR due to LESSEE’s default on his/her obligations.

16. ABANDONMENT: Abandonment of the residential house constitutes a violation


of the terms and conditions of this Contract. The LESSEE is deemed to have
abandoned the residential house when all of the following have occurred: (1)
Without notice or reasonable explanation, all occupants appear to have moved
out for an extended period of time from the residential house in LESSOR’s
PAGE 3 OF 5 -- LEASE OF RESIDENTIAL HOUSE

reasonable judgment; (2) clothes, furniture, and personal belongings have been
substantially removed in LESSOR’s reasonable judgment; (3) LESSEE has been in
default in payment of rent for seven consecutive days from due date, or water
or electric service for the residential house has been terminated; and (4) LESSEE
has not responded for two (2) days to LESSOR’s notice via text, SMS, chat, letter
or any notice left on the inside of the main entry door stating that LESSOR
considers the residential house abandoned.

17. ALTERATIONS: The LESSEE agrees not to introduce any improvements or make
any alterations in or to the residential house. The LESSEE agrees not to alter,
damage, or remove LESSOR’s property, including but not limited to furniture,
fixtures, utility and cable TV wiring, windows, locks, keys, and security devices.
No holes are allowed inside or outside the residential house. Only items using
non-permanent or removable adhesive strips or tapes may be placed on the
walls, floors, or ceiling of the residential house. Any improvements to the
residential house (with or without LESSOR’s consent) shall become property of
the LESSOR unless agreed otherwise in writing.

18. MAINTENANCE, REPAIR AND REPLACEMENT: LESSEE shall well and sufficiently
preserve, repair and maintain in good, clean tenantable condition, at
their/his/her own cost, the interiors of the residential house, including the
flooring, interior walls or other finishes, doors, windows, cables, conduits,
wirings, sockets, electrical installations, and plumbing fixtures found in or about
the residential house. The LESSEE shall, at their/his/her own expense, replace
the light bulbs in the residential house with the same type and wattage as well
as repair or replace parts in the toilet tank with the same type and quality as
that installed by the LESSOR. The residential house and all additions and
installations supplied by LESSOR shall be kept in a good, clean, working
condition. LESSEE shall keep drains, pipes, sanitary or plumbing apparatus in
the residential house in good, clean and tenantable condition. LESSEE shall pay
LESSOR the costs in cleaning, repairing or replacing any of the same when found
to be blocked or stopped. LESSEE shall take all such steps and precautions at
their/his/her own cost to prevent the Leased Premises from becoming infested
with termites, rats, mice, cockroaches or other pests or vermin. Should LESSEE
fail to maintain the Leased Premises properly such that the same is infested
with pests, LESSOR may employ pest control services on the Leased Premises
and charge the cost thereof to LESSEE. All minor repairs in the residential house
will be at the LESSEE’s sole expense. Major repairs not caused by or attributable
to LESSOR’s fault or negligence shall be for the LESSEE’s sole account.
19. PENALTY: LESSEE agrees to pay to LESSOR a penalty on any amount due under
this Contract which remains unpaid on due date thereof at the rate of two
percent (2%) per month, compounded monthly, to be computed from the date of
delinquency until such amount is paid in full. A fraction of a month shall be
considered as one (1) month for purposes of computing said penalty.

20. REMEDIES FOR BREACH: If the LESSEE violates any of the terms or conditions
of this Contract, the LESSOR may, in addition to any other remedies or recourse
prescribed by law, pursue any or all of following remedies, simultaneously or
successively, as follows: (a) To terminate this Contract of Lease without the
need of any prior notice, demand or judicial declaration; (b) To immediately
repossess the residential house without the necessity or instituting any judicial
or court action. In this connection, the LESSEE hereby names, constitutes, and
appoints the LESSOR, its authorized agents, employees, and/or representatives,
as its attorney-in-fact, with full power and authority, to open, break-open,
padlock, enter, occupy, secure, the residential house, to clean up, make repairs
in, and relet the residential house, remove property left in the residential house
and to take such other steps and employ such other means to enable the
LESSOR to take full and complete physical possession and control of the
residential house, barring the LESSEE from entering the residential house. The
PAGE 4 OF 5 -- LEASE OF RESIDENTIAL HOUSE

LESSEE hereby expressly stipulates and agrees that any or all acts done or
performed by the LESSOR, its authorized agents, employees and/or
representatives under the preceding provision may not be the subject of any
petition for a temporary restraining order or writ of preliminary injunction or
mandatory injunction in court, and that the LESSOR and/or its authorized
agents, employees, or representatives will be free and harmless from any civil
and/or criminal liability or responsibility therefor. (c) To suspend or disconnect
the electric and/or or water supply and other utility services to the residential
house by whatever means without incurring any civil and/or criminal liability or
responsibility for the same. (d) To demand and receive from the LESSEE
payment for any and all unpaid rentals, fees, charges, damages, and other
financial obligations stipulated in, or arising out of this Contract; (e) To
automatically forfeit the Security Deposit in its favor.

21. RETURN OF THE RESIDENTIAL HOUSE: Upon the expiration of the Lease Period,
or upon the termination of this contract, the LESSEE shall immediately and
peacefully return to the LESSOR the possession of the residential house in as
good, clean, sanitary and tenantable condition as when the LESSEE received it
from the LESSOR, reasonable and ordinary wear and tear excepted, devoid of all
occupants, and personal articles, and effects of any kind.

22. SUB-LEASE: Sub-letting of the residential house or any portion or space therein
is prohibited.

23. ASSIGNMENT: This Contract or any leasehold rights or interest therein cannot
be assigned by the LESSEE.

24. COMPLIANCE WITH LAWS: The LESSEE must comply with laws, orders, rules
and requirements of governmental authorities and insurance companies which
have issued or are about to issue policies covering the premises and/or its
contents.

25. NO WAIVER BY LESSOR: The LESSOR does not give up or waive any rights by
accepting rent or by failing to enforce any terms of this Lease.

26. ENTRY BY LESSOR: Upon reasonable notice, the LESSOR may enter the
PREMISES to provide services, inspect, repair, improve or show it. The LESSEE
must notify the LESSOR if the LESSEE will be away for one (1) week or more. In
case of emergency during the LESSEE's absence, the LESSOR may enter the
PREMISES without the LESSEE's consent.
27. QUIET ENJOYMENT: The LESSEE may live in and use the PREMISES without
interference subject to the terms of this Lease.

28. SUBORDINATION: This Lease and the LESSEE's rights are subject and
subordinate to present and future mortgages on the property which include the
premises. The LESSOR may execute any papers on the LESSEE's behalf as the
LESSEE's attorney in fact to accomplish this.

29. HAZARDOUS USE: The LESSEE will not keep anything in the PREMISES which is
dangerous, flammable, explosive or which might increase the danger of fire or
any other hazard, or which would increase LESSOR's fire hazard or any other
harmful risks. LESSEE shall likewise not bring in any illegal substance,
prohibited drugs, contraband goods or any item, the possession of which is
unlawful. Gambling activities, except for non-betting card games, shall likewise
be avoided.

30. LITIGATION: In the event the LESSOR is compelled to seek judicial relief against
the LESSEE in order to enforce any or all of its rights under this Contract, the
LESSEE, in addition to any other damages that may be awarded by the Court,
hereby agrees to pay an amount equivalent to twenty-five (25%) percent of the
PAGE 5 OF 5 -- LEASE OF RESIDENTIAL HOUSE

amount claimed but in no case less than P50,000.00, as and by way of


attorney’s fees, aside from the costs of litigation, and other expenses which the
law entitles the offended party to recover from the offending party.

IN WITNESS WHEREOF, the parties have hereunto set their hands this
________________________ at __________________________________.

_______________________________ __________________________________
Lessor Lessee

Signed in the presence of witnesses –

________________________________ ________________________________
(Printed Name and Signature) (Printed Name and Signature)

Republic of the Philippines ]


______________________________ ] s.s.

ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in ____________________________, this
_______________________________, personally came and appeared:
Name Proof of Identity Place and Date Issued

known to me and to me known to be the same persons who executed the foregoing
CONTRACT OF LEASE OF RESIDENTIAL HOUSE and they acknowledged to me that
the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, at the date and place first above written.

Doc. No. _______;


Page No._______;
Book No._______;
Series of_______;

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