Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE made and executed in Zamboanga City,


Philippines, by and between:

HERMANILET FALCASANTOS RIVERO, of legal age, Filipino citizen, and


a resident of Vitali, Zamboanga City, Philippines, hereinafter called and
referred to as the LESSOR;

- and -

ARLENDILA BALLEGA ROSALDO, of legal age, Filipino, and a resident of


Lacaste Ville, Pasonanca, Zamboanga City, Philippines, hereinafter called and
referred to as the LESSEE.

WITNESSETH :

WHEREAS, the LESSOR is the true and absolute owner of a parcel of


land situated in Curuan, Zamboanga City, Philippines, covered by Transfer
Certificate of Title No. T-172,377, which contains one (1) commercial building
(C & H Building), containing rental units, hereinafter referred to as the Subject
Property;

WHEREAS, the LESSOR is willing to lease a portion in the ground floor


of the rental unit within the Subject Property, to the LESSEE, for business
purposes, exclusively for restaurant/pizza parlor;

NOW, THEREFORE, for and in consideration of the foregoing premises


and of the mutual covenants and stipulations hereinafter set forth, the parties
herein have agreed as they thereby mutually agree to enter this contract
under the following terms and conditions:

LEASED PREMISES: The LESSOR hereby lets and leases unto the LESSEE
a portion in the ground floor of the rental unit within the Subject Property,
which shall be known as PREMISES.

TERM: The terms of this contract of lease shall be for one (1) years, and
shall commence on 08 April 2024, unless earlier cancelled or terminated
for lawful cause, and renewable for another term as may be agreed upon
by the parties. Should the LESEE elect not to renew this contract of lease
at the termination thereof, he/she shall give the LESSOR one (1) month to
month written notice in advance of such intention to vacate; PROVIDED,
that this contract may be terminated at anytime upon SIXTY (60) PARTY
days written notice from either party thereof. In the event of
subsequently renewal of this contract, the parties hereby reserve the
right to review the stipulated terms and condition, especially the
increase in rental rate hereunder stipulated ; that an increase in rental
shall be reasonable and in accordance with existing rental laws (BP 877,
as amended by R. A 6828 and R. A 7644) and the rules and regulations or
corresponding to the increase in real estate tax or operating consist as a
result of a valid enactment of laws, and that the same shall take effect
until after Thirty (30) days written notice of such revision.

RENTAL FEE: The LESSEE shall pay the LESSOR for the occupancy of
said PREMISES a monthly rental of SIX THOUSAND PESOS (P6,000.00).

Page 1
The rental fee shall be due every 8th of the month, without need of
demand. The LESSEE shall be given a grace period of three (3) days to
make good of his obligation. Thereafter, the rental fee shall incur penalty
of five percent (5%), for every week of delay.

The LESSEE shall pay one (1) month deposit, and one (1) month advance
rental fee, upon execution of this contract.

PROHIBITION: The LESEE shall not directly or indirectly sublease, assign


or transfer its right over the leased PREMISES or any portion thereof
without the written consent of the LESSOR, and any breach of this
provision shall be a ground for the cancellation or termination of this
Contract of the LESSOR has the choice to increase the rent or compel the
LESSEE to stop the unauthorised acts.

Alterations, addition or improvements upon the PREMISES maybe made


and built by the LESSEE only after prior written consent of the LESSOR,
in the event that the LESSOR gives written consent, the expenses
incurred in affecting such alterations additions or improvements upon the
leased PREMISES shall be for the account of the LESSEE, PROVIDED,
further that all such permanent alterations additions or improvements in
the PREMISES made by the LESSEE shall, upon termination of this
Contract in favour of the LESSOR, be removed promptly within a period of
one (1) month there from by the LESSEE at his own expense and without
causing further damage to the PREMISES. If the alterations, addition or
improvements are not promptly removed as stated, the same shall
become the property of the LESSOR without obligation to pay for the
value or cast.

The LESSEE shall not install within the PREMISES any apparatus, which
constitute a nuisance or disturb the vicinity, and shall not keep or store
in the PREMISES inflammable materials, which may endanger or increase
its fire hazards, EXCEPT those that are necessary ,desirable and related
to nature of the business undertaking of the LESSEE.

The LESSEE shall not allow any person to stay within the leased
premises beyond its operating hours, nor shall the LESSEE or any of its
representative be allowed to use the stay for lodging purposes.

CLEANLINESS: The LESSEE shall maintain the leased PREMISES in a


clean and sanitary condition at its own expense.Any inquiry or damages
caused or done by the LESSEE or his agents or guest subject to his
control maybe repaired by the LESSOR for the account of the former and
likewise, other repairs and maintenance of the leased PREMISES shall be
sole expense of the LESEE.

UTILITIES: Charge for electricity, telephone and other utility service in


the PREMISES, as well as for the repair shall be the exclusive account of
the LESEE. Charge for water consumption shall be paid by the LESSEE
per month to the LESSOR directly. Provided, that the twelve precent
(12%) Value Added Tax shall be for the full account and obligation of the
lessee. All taxes due shall likewise be for the account of the LESSEE and
shall form part of the rental fee.

The LESSOR shall provide water and electric utilities to the LESSEE.
However, the LESSOR shall not be responsible for the inefficiency of the

Page 2
water and power utilities, and other conditions which are patently beyond
the control of the LESSOR.

In the event of disconnection due to the fault of the LESSEE, she shall be
liable to pay the reconnection fee. Otherwise, the same shall be
chargeable against the deposit, without prejudice to the right of the
LESSOR to ask for repayment of the deposit.

INSPECTION: The LESSOR or her duly authorised representatives shall


have the right to inspect the leased PREMISES as any reasonable time or
hour of the day.

OTHER TERMS: The LESSEE shall comply with any/all laws, ordinances,
rules and regulations or order promulgated by the proper government
authorities arising from or regarding the use, occupation and sanitation
of the leased PREMISES and non-compliances therewith shall be at the
exclusive risk and expenses of the LESSEE.

The LESSEE shall comply with all regulations pertaining to protection of


the unit against fire hazards, and shall make sure that a fire extinguisher
is readily available within the used premises.

The LESSOR shall not be responsible for losses and burglary within the
leased premises. Nor shall LESSOR be liable for damages to the property
of the LESSEE for acts of God and of man.

If the rentals stipulated shall be in arrears or unpaid, or if the LESSEE


shall at any time or neglected to perform or comply with any covenants,
conditions, agreements or restrictions stipulated, or if the LESSEE shall
become insolvent then in any of the above (cause) cases this Contract of
Lease shall be vacated peacefully thereof in which event it shall be
lawful to the latter or any of his representative to enter into upon the
lease and those granted by law. Furthermore,the LESSOR has the right to
eject the LESSEE from the lease PREMISES and remove all properties of
the LESSEE and deposit the same in the bodega or any part thereof with
cost against the LESSEE and the LESSOR shall have the right to collect
all accrued and realised receivable by virtue of this agreement.

The LESSEE shall surrender the PREMISES peacefully, to the LESSOR


upon the expiration of the term hereof, or upon ceasing operations of the
LESSEE without any need of demand unless this Contract is renewed.

The LESSEE shall not install any sign, signboard and in advertisement on
the outside portion of the PREMISES without the consent of the LESSOR.
The LESSOR shall designate the specific area portion of the PREMISES
where the LESSEE may install his sign, signboard and advertisement.
Further, the LESSEE shall not use any other portion of the building except
as passage in and going out of the PREMISES which the LESSEE
occupies.

The failure of the LESSOR to insist in one or more instance upon strict
performance of any of the covenants, terms and conditions of this
Contract of Lease shall not be considered as a waiver of any right or
remedies that the parties may have, or shall it be construed as a Waiver
of any herein contained which shall be deemed in force and effect.

The LESSEE agrees to vacate the PREMISES without need of court


proceedings, PROVIDED, however, that if for any valid reason it shall

Page 3
become necessary for the LESSOR to institute any appropriate court
action for the enforcement of his rights under this Contract, the LESSEE
shall be liable for liquidated damages in the amount of THIRTY
THOUSAND PESOS (Php30,000.00) and TWENTY THOUSAND PESOS
(Php20,000.00) attorney’s fees, exclusive of the legal cost, should such
counsel be retained by the LESSOR to enforce of the terms and
conditions of this contract, judicially or extra-judicially.

Any notice regarding this lease shall be in writing and sent to the
representative address of the parties. The LESSEE shall not unilaterally
rescind this contract, without just cause. Should the LESSEE terminate
the contract before the end of the two-year period, she shall be liable to
pay the LESSOR the total amount of rental fee for the remaining months
covered by the contract.

Cost of this lease contract execution, notarization as well as registration


thereof shall be exclusive account of the LESSEE. Provided finally, that
any suits and litigation that may arise out of this Contract shall be
exclusively institute in Courts of Zamboanga City, Philippines.

IN WITNESS WHEREOF, the parties have hereunto set their hands on


this ______________________________ at Zamboanga City, Philippines.

HERMANILET FALCASANTOS RIVERO ARLENDILA BALLEGA ROSALDO


Lessor Lessee
OSCA No. SC-3204 DL No. J04-17-005168

WITNESSES: ______________________________ & ______________________________

ACKNOWLEDGMENT

Republic of the Philippines)


City of Zamboanga . . . . . . ) s.s.
x. . . . . . . . . . . . . . . . . . . . )

BEFORE ME, a Notary Public for and in the City of Zamboanga,


Philippines, personally appeared the herein parties with their respective
proofs of identity, all known to me to be the same persons who executed the
foregoing instrument and acknowledged to me that the same is their own free
act and voluntary deed.

This instrument consists of four (4) pages including this page whereon
the acknowledgement is written, has been signed by the parties and their
instrument witness on all pages sealed with the seal of this office.

WITNESS MY HAND AND SEAL this __________________, at the City of


Zamboanga, Philippines.

Page 4
Page 5

You might also like