Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

LEASE AGREEMENT(Philippines) This Lease Agreement (Agreement) is entered into this 7 th day of December 2018 by and between: Carl De Guzman, of legal age,

LEASE AGREEMENT(Philippines)

This Lease Agreement ("Agreement") is entered into this 7th day of December 2018 by and between:

Carl De Guzman, of legal age, Filipino, married to Janna Dy, with address at #24 Jacinto

St., Rizal, Makati, hereinafter referred to as "Lessee";

and

Rita Del Mundo, fifteen years old, Filipino, with address at #30 Ortigas Extension, Cainta,

Rizal, represented herein by her guardian Donna Garcia, hereinafter referred to as

"Lessor";

Lessor and Lessee are collectively referred to in this Agreement as the "Parties".

For the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1.PREMISES:The leased premises shall be comprised of that certain personal residence (including both the house and the land) located at 100 J.P. Rizal Street, Concepcion Uno, Marikina City ("Premises"), the assessed value of which is One Million Five Hundred Thousand Pesos (PhP1,500,000.00). Lessor leases the Premises to Lessee and Lessee leases the Premises from Lessor on the terms and conditions set forth herein.

2.TERM: The term of this Agreement shall be a period of two (2) years, beginning on 1 January 2019 and ending on 31 December 2021 unless sooner terminated by the parties on valid grounds. Upon the successful conclusion of this Agreement at the end of the term, Lessor shall cause the transfer of the poprerty to the name oft he Lessee.

3.MONTHLY RENT:The rent to be paid by Lessee to Lessor throughout the term of this Agreement is Twenty Thousand Philippine Peso (PhP20,000.00) per month in the form of a check and shall be due on the 5th day of each month, which check shall be issued monthly for sixty (60) months. Lessee shall pay a late fee at the rate of four per centum (4%) of the rent not received by Lessor for every month of delay.Lessee shall pay additional five per centum (5%) of the rent for any returned check fees, exclusive of bank charges. All delinquent rents or other expenses due from Lessee shall accrue interest at the monthly rate of four per centum (4%) until paid.All interest shall be deemed additional rents. Rent for the first month (or, if applicable, partial month) of the term shall be paid to Lessor at the time this Agreement is executed. Rent for any partial month shall be prorated. Lessee shall not deduct or offset against rent unless expressly permitted by applicable law.

4.UTILITIES: Lessee shall pay, prior to delinquency, for all utilities (including, without limitation, gas, electricity, water, sewer and trash), and for cable, internet and other similar services to the leased premises, as applicable, regardless of whose name the accounts are in. Lessor makes no representation or warranty as to any utilities or services and shall not bear any responsibility or liability in connection with such utilities or services, including but not limited to liability for service interruptions. At present, the water and electrical rates follow residential rates. However, once the providers change the rates into commercial rates on account of Lessee's business, Lessee shall automatically comply with the providers' determination.

5.HOUSE RULES: The use of the leased premises shall be as a private residence and a water refilling station. Other than Lessee's immediate family members, no other persons shall reside in the leased premises without the written consent of Lessor. No pets shall be brought or allowed on the leased premises without the prior consent of Lessor, in Lessor's sole discretion. Lessor, if granted, may revoke pet privileges, at any time if cleanliness or property damage issues arise. Lessee shall not keep or have at or around the leased premises any item of a dangerous, flammable, or explosive nature that might unreasonably increase the risk of fire or explosion at or around the leased premises or that might result in increased premiums or otherwise be considered hazardous by an insurance company. Lessee shall not cause or permit any lien or encumbrance to be filed or recorded against the leased premises. Lessee, its occupants, guests, and other invitees shall not behave in any manner that is unlawful, disorderly, or that disturbs the neighbors or other persons. A copy of the additional house rules and regulations, if any, has been provided to Lessee. Lessee shall abide by, and shall cause Lessee's family members, occupants, guests, and other invitees to abide by all house rules, which are incorporated herein by reference and hereby made part of this Agreement. Lessee shall be solely responsible and liable for the conduct of all of Lessee's occupants, guests, and other invitees.

6.ORDINANCES AND STATUTES: Lessee shall comply with all applicable laws, codes, and regulations of all local and national authorities. This Agreement is and shall be subordinate to the lien of any mortgage now or hereafter in effect with regard to the leased premises.

7.MAINTENANCE AND REPAIRS: Lessee has had the opportunity to inspect the leased premises and accepts the same "as-is" and as being in good order, condition and repair. Lessee shall be responsible, at Lessee's expense, for maintaining the leased premises in a clean, orderly manner, and shall maintain all equipment, fixtures, appliances, furniture, furnishings, and any other personal property therein in good, clean, well maintained condition, and shall surrender the same (unless owned by Lessee), at termination, in the same condition as they were in when Lessee took possession thereof, normal wear and tear excepted. Lessee shall also be responsible for maintaining the exterior, including the yard and any landscaping, in a reasonably neat, clean, and attractive condition, including without limitation mowing the lawn, if any, and removing weeds. Lessee, at Lessee's cost, shall maintain the leased premises free from, and shall eliminate, any pest infestation (including without limitation cockroaches and mice). Lessee shall be responsible, at Lessee's cost, for all repairs required as a result of damages caused by Lessee or Lessee's occupants, guests or other invitees. Lessee shall not remove the Lessor's fixtures, furniture, furnishings and/or any other personal property, if any, from the leased premises for any purpose.Any maintenance or repairs not performed by Lessee as required by this Agreement, may, in Lessor's discretion (but without any obligation to do so), be performed by Lessor. If so performed by Lessor, Lessee shall reimburse Lessor for the cost of such work within ten (10) days after written notice, which amount shall be considered additional rent. Lessee shall notify the Lessor immediately if Lessee becomes aware of any water leaks or other conditions that may pose a risk of damage to the leased premises.

Moreover, Lessee shall keep Lessor free from liability on account of any expenses before, during, and after this Agreement in view of any construction, renovation, electrical jobs, plumbing jobs, and such other jobs necessary for Lessee's water refilling business. However, Lessee shall notify Lessor, in advance, of the scope of construction or renovation in the leased premises.

8.ENTRY AND INSPECTION: Lessee shall permit Lessor, or Lessor's agents, to enter the leased premises at reasonable times and upon reasonable (not less than 24 hours) notice for the purpose of inspecting the premises or showing the same to prospective purchasers, or for making repairs to the premises pursuant to this Agreement. In case of emergency, no notice shall be required. If a repair is necessary for which Lessor is responsible under this Agreement, Lessee shall give notice thereof to Lessor in a timely manner.

9.DEPOSIT:At the signing of this Agreement, Lessee shall deposit with Lessor a security deposit equivalent to two (2) months' rent in the amount of Forty Thousand Pesos (P40,000.00) as security for the performance by Lessee of all of the terms and conditions of this Agreement. At the signing of this Agreement, Lessee shall further pay Lessor the amount of Twenty Thousand Pesos (P20,000.00) as one-month advance rent.

10.ATTORNEY'S FEES: In the event action is taken by either party to enforce this Agreement, or to enforce any rights arising out of the breach of this Agreement, or to evict Lessee, guests, or other occupants, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney fees and collection costs, with or without suit.

11.WAIVER: No delay or failure of Lessor to enforce any part of this Agreement shall be deemed as a waiver thereof, nor shall any acceptance of any partial payment of rent or any other amount due be deemed a waiver of Lessor's right to the entire amount due.

12.SEVERABILITY: Should any provision of this Agreement be held invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect.

13.NOTICES: All notices shall be given by mailing the same, postage prepaid, to Lessee at the premises or to the Lessor at the address shown below Lessor's signature or at such other places as may be designated by a party in writing.

14.LESSOR SHALL NOT BE LIABLE: Lessor shall not be liable for any damages or losses to Lessee, its occupants, guests, invitees, or other persons regardless of the cause therefor, unless caused by the gross negligence or willful misconduct of Lessor.Lessee shall indemnify, defend, and hold Lessor harmless from any and all loss, damage, or claims of any type due to the actions of Lessee, its occupants, guests, or other invitees resulting in damage to any person or property.Lessor shall not be liable for personal injury or damages or loss of Lessee's personal property (furniture, jewelry, clothing, etc.) due to theft, vandalism, fire, water, rain, hail, smoke, explosions, sonic booms, or other causes whatsoever, including the negligence of Lessor, whether occurring at the premises, or within or about the exterior yard area located at the residence.Lessee may secure renter's insurance to protect Lessee against liabilities and occurrences. Lessor will not be responsible to provide any services such as moving vehicles, handling furniture, cleaning, delivering packages, or any other services.

15.DEFAULT BY LESSEE: Lessor may, upon written notice to Lessee, terminate this Agreement and Lessee's right to occupancy of the premises if any one of the following conditions of default occur: (1) Lessee fails to pay rent or any other charges due under this Agreement within ten (10) days after the due date; (2) Lessee or Lessee's occupants, guests, or other invitees, violates any term or condition of this Agreement, Lessor's rules and regulations, the applicable national and local laws and fails to cure the same within five (5) days after written notice thereof from Lessor (however in the event the same default occurs more than twice in any six month period, the third default may, at Lessor's election, be deemed a non-curable default); (3) Lessee abandons the premises; (4) Lessee, or Lessee's occupants, guests, or other invitees commits a crime at the premises, or (5) Lessee, or Lessee's occupants, guests, or other invitees threaten to assault or use abusive language against Lessor.Lessor shall have all remedies at law and in equity in the event of Lessee's default.

16.ABANDONMENT: Abandonment shall have occurred if, (1) without notifying the Lessor, Lessee is absent from the premises for 15 days while rent is due and Lessee's possessions have not been removed from the premises, or (2) without notifying the Lessor, Lessee is absent for 1 day while rent is due and Lessee's possessions have been removed from the premises.

17.SECURITY NOT PROMISED: Notwithstanding anything herein to the contrary, the Parties hereby expressly acknowledge that the premises (including both the interior and the exterior yard area) do not include any security system and are not to be considered a secure building or area which would subject Lessor to any degree of care. Lessee shall be solely responsible for the safekeeping of Lessee's property, and Lessor shall have no liability in connection therewith.

18.NO ALTERATIONS:Lessee shall not make any alterations to the premises, including but not limited to painting, wallpapering, installing new locks, etc., without first obtaining prior written consent from the Lessor.Lessee may have pictures on walls but shall repair and paint all holes or other damage to walls.Lessee shall not install any appliances which attach to walls or structures without Lessor's prior written consent.

19.ILLEGAL ACTIVITY: Lessee understands and agrees that this Agreement, and lessee's occupancy rights, may be terminated immediately upon written notice, for any illegal activity conducted by Lessee, or by any occupant, guest, or other invitee of Lessee whether or not such activity is cited by a police authority.

20.RENTER'S INSURANCE: Lessee is advised and understands that the personal property of Lessee is not insured by the Lessor against any damage or loss, and Lessee agrees that Lessor shall have no liability in connection with any such damage or loss. Lessee may procure renter's insurance to protect the Lessee's property and for liability claims and shall provide evidence thereof to Lessor upon Lessor's request.

21.MOLD WAIVER:Lessee waives any and all claims against Lessor and further agrees that Lessor shall not be liable for any damages to Lessee or any property within the premises resulting from mold or mildew. Lessee shall indemnify Lessor from any liability related to mold or mildew resulting from damages to any person or property within the premises as a result of or arising out of the growth or proliferation of mold or mildew caused by actions or negligence of Lessee or any occupant, guest, or other invitee of Lessee.

22.ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Agreement or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld.

23.GOVERNING LAW:This Agreement shall be governed by the laws of the jurisdiction in which the premises is located.

24.ENTIRE AGREEMENT: This document constitutes the entire agreement and may be modified or amended only by written agreement signed by both Parties. There are no oral agreements between the Parties.

IN WITNESS THEREOF, the Parties have caused this Agreement to be executed on the dates set forth below.

SIGNED:

Lessor:

(sgd) RITA DEL MUNDO

Date: 7 December 2018

(sgd) DONNA GARCIA

Date: 7 December 2018

Address: #30 Ortigas Extension, Cainta, Rizal

Lessee:

(sgd) CARL DE GUZMAN Date: 7 December 2018

Address: #24 Jacinto St., Rizal, Makati

Help me to analyze the contract and answer the questions. Kindly give me a thorough and detailed explanation for each question.

1.If you were a lawyer and the lessee consulted you about it, what would be your assessment of the contract? Give your advice to the lessee.

2.To which kind of contract does the agreement belong? Why?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intermediate Accounting

Authors: Donald E. Kieso, Jerry J. Weygandt, And Terry D. Warfield

13th Edition

9780470374948, 470423684, 470374942, 978-0470423684

Students also viewed these Law questions