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Lease Contract - Capillan Apartments
Lease Contract - Capillan Apartments
TERESITA M. ZENIT, married, Filipino, of legal age, and a resident of No. 9 St.
Andrew Street, St. Charbel Executive Village, Bgry. Talipapa, Quezon City,
hereinafter referred to as the LESSOR.
-AND-
WITNESSETH: That
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the
LESSEE is willing to lease the same;
1. PURPOSES: That the premises hereby leased shall be used exclusively by the
LESSEE for residential purposes only and shall not be diverted to other uses.
2. TERM: Five (5) years, to start on 1 November 2020 and to end on 31 October
2025. At least one (1) month prior to the expiration of the lease contract, the
LESSEE should serve upon the LESSOR a written notice of its intention to renew
the lease.
Should the tenant fail to communicate his intention to renew, and/or until a final
agreement to renew the lease contract is agreed upon by the parties, the lessor shall
have the right to view the leased premises and offer it to other prospective tenants
upon a 24-hour written notice to the current lessee.
3. RENTAL RATE: The net monthly rental rate shall be PESOS:
________________________________ THOUSAND PESOS AND 00/100
(PhP_____,000.00), Philippine Currency, (VAT inclusive and less Withholding
Tax). All rental payments shall be payable to the LESSOR on or before the 5 th day
of each month.
4. ESCALATION: The Monthly Rental shall be subject to a five percent (5%)
cumulative increase, computed on an annual basis at the start of the first month of
the second year. For the avoidance of doubt, the increases in the Monthly Rental
shall be computed as follows:
Upon the occurrence of any of these events, the security deposit (or the balance
thereof which should otherwise have been returned to LESSEE had such
termination not have occurred) shall be forfeited in favor of LESSOR, in addition
to whatever damages which may be due to the termination of this Contract. In the
event, however, that this lease is terminated at the instance of LESSOR without
any fault or negligence of LESSEE but with its conformity, the security deposit
shall be returned to LESSEE, net of the amounts which may be deducted therefrom
under this Article or elsewhere under this contract.
The security deposit shall be returned to LESSEE, without interest, within thirty
(30) calendar days after the expiration of the term of this lease or the termination of
this lease, as may be applicable, less whatever actual and documented amounts
LESSEE may owe LESSOR or which LESSOR may apply against the security
deposit as provided hereunder. It shall be understood, however, that the application
of the security deposit against any unpaid obligations of LESSEE shall be effected
only at the termination of the lease. LESSOR shall, notwithstanding the delivery of
the Leased Premises to LESSOR by LESSEE, have the right to withhold any
portion of the security deposit until LESSOR shall have received statements of
account from utility companies supplying telephone, water, electric power or
public utility services to the Leased Premises, covering the period ending on the
date LESSEE shall have completely vacated and delivered the Leased Premises to
LESSOR. The amount withheld shall answer for such payment and the excess
amount, if any, shall be returned to LESSEE without interest. Likewise, should
LESSEE have any other uncontested obligation which remains due and unpaid
under any other contract with LESSOR, LESSOR shall have the right to apply the
amount of these unpaid uncontested obligations against the security deposit in
settlement of these unpaid obligations of LESSEE to LESSOR upon the
termination of the lease.
7. TURN OVER: The LESSOR delivered the peaceful physical possession of the
Leased Premises to LESSEE in “as is, where is” condition.
LESSEE shall submit together with the Plans, a declaration of estimated electrical
load for the Leased Premises and a detailed list of the fixtures, appliances, devices
and equipment which LESSEE requires for its regular operations and which will
consume electrical power. During the term of the Lease, LESSEE shall allow
LESSOR’s representatives to conduct regular inspections of LESSEE’s electrical
load.
11. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric,
cable TV, water, internet, and other public services and utilities during the duration
of the lease.
In the event that LESSEE fails to pay for the charges or fees incurred in connection
with the supply, consumption and use of electricity, water and other public services
and utilities to the Leased Premises for an aggregate period of two (2) months
within a given year, provided there was no dispute, LESSOR shall have the right to
disconnect or discontinue the supply thereof for such period as it shall determine.
Should LESSOR decide, at its sole discretion, that it does not want any or all the
alterations, additions or improvements, it shall so advice LESSEE, who hereby
undertakes to remove the same from the Leased Premises at LESSEE's sole cost. In
such case, any such removal shall be made without causing any damage or injury
to the Leased Premises or any part of the Building.
13. FORCE MAJEURE: If whole or any part of the leased premises shall be
destroyed or damaged by 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.
16. NUISANCES: LESSEE shall not permit or suffer to be permitted any music
or noise to emanate from the Leased Premises or any part thereof which in the
reasonable opinion of LESSOR constitutes a nuisance or annoyance or give cause
for reasonable complaint from LESSOR or other lessees. Neither shall it permit
any odor or noxious smell, which in the reasonable opinion of LESSOR is
offensive or unusual to emanate from the Leased Premises.
(c) LESSEE shall fail to pay for at least two (2) months its share of
electric, emergency power, water, or other public utility or shall fail to
pay the rent or any other amount due hereunder on the date specified
herein for its payment.
23. VENUE IN CASE OF LAWSUIT: In case of law suit arising from this
Contract the parties hereto expressly agree to submit themselves to the jurisdiction
of the appropriate court in the Quezon City only, to the exclusion of all others.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and
place above written.
____________________ ____________________
ACKNOWLEDGEMENT
known to me to be the same persons who executed the foregoing instrument and acknowledged
to me that the same is their free and voluntary act and deed.
This instrument consisting of FOURTEEN (14) pages, including the page on which this
acknowledgement is written, has been signed on each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No._____.
Page No. _____.
Book No. _____.
Series of 2020.