CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease made and entered into by and between:

_____________________________, represented by his

attorney-in-fact, __________________, with residence address
at
__________________________________________________
___________________________, hereinafter referred to as
the LESSOR,

-and-

_______________________________, Filipino, with residence

address at
__________________________________________,
hereinafter referred to as the LESSEE.

WITNESSETH:

That the LESSOR hereby leases unto the LESSEE, and the latter accepts
to lease from the former, the premises known as
______________________________________, hereby known as the Leased
Premises under the following terms and conditions to wit:

1. TERM: This Lease shall begin on _________________________ and shall

expire at midnight of _______________________. This Lease shall not be
deemed extended by implication beyond this period of time for any cause
or reason whatsoever, by any representative, assign, or agent.
The LESSEE shall advice the LESSOR at least SIXTY (60) days prior to the
end of the contract period if she wishes to renew or extend the Contract.
2. RENTAL. The LESSEE shall pay to the LESSOR by depositing cash to
____________________ under the account name of ________________,
without any need of expressed demand, a monthly rental Thirteen
Thousand Pesos (P13,000.00) Philippine Currency, payable in advance
within the first FIVE (5) days of each calendar month, the first monthly rental
to be paid upon the signing of this contract.
In case of default in the payment of said monthly rental when and as it
becomes due as herein provided, the same shall bear interest at the rate of
four percent (4%) per month to be computed daily, immediately after the
first FIVE (5) days of each month without prejudice to the right of the
LESSOR to such other charges and damages allowed by law and the right
to terminate this contract, to take possession of the Leased Premises and/or
to eject the LESSEE as hereinafter provided.
This monthly rental excludes charges for facilities, utilities and services such
as electricity, water, maintenance of common areas, walkways, restrooms,
salary of day guard, and other charges for the use of common area.
3. ADVANCE RENTAL: Upon the execution of this Contract of Lease, the
LESSEE shall pay to the LESSOR, advance rental payment equivalent to
two (2) months’ rent or Twenty Six Thousand Pesos (Php 26,000.00). This
advance rental payment shall be applied to the last two (2) months of the
 lease period. Said advances shall not earn interest and shall be non-
refundable.
4. SECURITY DEPOSIT: Upon the execution of this Contract of Lease, the
LESSEE shall pay to the LESSOR a Security Deposit equivalent to two (2)
months rent or Twenty Six Thousand Pesos (Php 26,000.00), to be used as
a security for the faithful compliance by LESSEE of all its obligations under
this Contract.
The security deposit shall be non-interest bearing that shall not be applied
to any unpaid rent, lease extension, arrears on utilities and shall be kept
intact throughout the term of this lease. Provided, the Security Deposit shall
be adjusted according to the increase or decrease of the monthly rent, to
keep with the two-month requirement of this Contract of Lease.
During the efficacy of this Lease Contract, the LESSOR shall have the right
to deduct from the Security deposit any amount for which LESSEE may be
liable to the LESSOR under any provision of this Contract. In the event that
the Security deposit is reduced as a result of such deduction, the LESSEE
shall, within five (5) days after receipt of written demand from LESSOR,
make an additional deposit within LESSOR in order to restore the deposit
to an amount equivalent to two (2) months rental.
The LESSOR shall return to the LESSEE any remainder and/or unapplied
portion of the Security Deposit within thirty days (30 days) from complete
settlement of all fees, charges, bills, etc., for which the LESSEE is liable,
provided the LESSEE should have vacated the leased premises.
5. PURPOSE OF LEASE: LESSEE shall use the premises leased for lodging
purposes only. The LESSEE shall not divert the premises to other uses,
especially into a common apartment dwelling, being expressly agreed that
if at any time during the exercise of this Lease the premises are used for
other purposes, the LESSOR has the option to rescind this Contract.
6. SHARED EXPENSES:
The following shall form part of this shared expense:
6.1. UTILITIES: The LESSEE shall pay for the electricity and water
consumption in the Leased Premises.
6.2. ASSOCIATION DUES: The LESSEE shall pay for the association
dues for the LEASED PREMISES which should be settled before the
Administration Office of _____________________.
7. CONDITION OF PREMISES: The LESSEE hereby expressly
acknowledges that the Leased Premises are in good and tenantable state
upon commencement of this Lease and agrees to keep the same in such
good and tenantable condition during the period of said Lease.
Should the Leased Premises or any substantial part thereof as doors, door
locks, screens, windows, glasses, mirrors, toilet fixtures, furniture, electrical
switches and outlets, lighting/plumbing/toilet fixtures be destroyed or found
missing by reason or cause/s independent of LESSOR’S will and without
fault on its part, LESSEE must replace the damaged, or destroyed, lost
item/s otherwise the LESSOR may undertake a replacement or repair of the
damaged, or destroyed, or lost items and the cost therefore charged to the
LESSEE. A billing statement will be provided by the LESSOR.
Upon termination or expiration of this Lease, all items mentioned in the
inventory list and which belong to the LESSOR shall be surrendered or
returned by LESSEE to LESSOR in the same good condition as they were
received. And if at the end of the lease term, the Leased Premises incurred
damage, cost of repair is deducted from the security deposit.
8. IMPROVEMENT AND ALTERATION: The LESSEE shall not make any
improvements or alterations to the premises without the prior written
consent of the LESSOR.
LESSEE shall not cause to be affixed, inscribed, painted or attached any
sign, painting, blinds, draperies, curtains, frames, antennae, hook, shelves,
wall paper, posters, nails or bolts on any part of the building without the
written approval of the LESSOR.
9. NON-LIABILITY: The LESSOR shall not be liable or responsible for:
9.1. The presence or damage caused by bugs, vermin, ants, or insects,
termites, if any, in the Leased Premises. The LESSEE has the
obligation to schedule extermination on any of the dates set by Avida
Towers Prime Taft management.
9.2. Clogging of grease traps. The LESSEE has the obligation to
schedule grease trap cleaning on any of the dates set by Avida
Towers Prime Taft management.
9.3. Shortage or quality of Manila Water Company, Inc.’s water supply,
or failure of electric power provided that such failures or shortages
are not attributable to the acts or omissions of the LESSOR.
9.4. The LESSEE shall free the LESSOR from any and all claims arising
from any loss or damage to her property or belongings or injury to
person/s including those of her guests or visitors by virtue or reason
of any cause/s independent of the LESSOR’S will.
10. DUTY OF THE LESSEE: The LESSEE is expected to follow the house
rules and regulations imposed by the management of Avida Towers Prime
Taft.
11. BREACH OR DEFAULT: Violation by the LESSEE of any of the terms and
conditions of this contract shall entitle the LESSOR to unilaterally terminate
this lease by giving written notice to the LESSEE of such violation and
intention to terminate, provided that such termination shall ipso facto take
effect only after FIVE (5) days from receipt of such notice provided, further,
that after the expiration of this 5-day period, the LESSEE shall surrender
and deliver unto the LESSOR the peaceful possession of the Leased
Premises and the Contract shall, by virtue of such termination be deemed
automatically revoked and any amount paid to, such as, Advance Rental
and Security Deposit, with the LESSOR shall be forfeited in favour of the
LESSOR.
By reason of such violation, LESSOR, shall have the right, after the
expiration of the above-mentioned 5-day period, without the need of any
judicial action to enter the Leased Premises and take immediate possession
thereof together with the LESSEE’S properties that may be found in the
premises which LESSEE agrees to cede, dispose, transfer and convey unto
the LESSOR for sale at LESSOR’S discretion, the proceeds of which shall
be used in payment for any and all amount due the LESSOR under this
Contract. Should the LESSOR by reason of such violation and in order to
enforce any provision of this contract be compelled to seek judicial remedy,
the LESSEE shall indemnify the LESSOR a minimum sum of TWENTY
THOUSAND PESOS (P20,000.00) for expenses of litigation aside from
attorney’s fees and court fees.
Should the LESSEE fail to pay the rent or any charges for electricity and
water herein stipulated in accordance with the terms above mentioned, the
LESSOR shall have the right to terminate the Contract, eject the LESSEE
from the premises, with the further right to hold the personal belongings of
the LESSEE until full payment of her arrears in rental and other obligations
and the LESSEE shall waive any right to institute criminal charges against
 the LESSOR for said actions. Thus, the LESSOR shall have the right to
collect and recover from the LESSEE all accrued rent.
In connection with the preceding paragraphs, in violation thereof, the
LESSOR has the right to lease the premises to a new tenant and in this
event, the personal belongings of the erring LESSEE shall be stored in the
storage room of the LESSOR until these are redeemed by the LESSEE,
within a period of thirty (30) days, otherwise, the personal belongings shall
be disposed or sold to cover overdue rentals, electric and water bills,
telephone bills, storage charges and all expenses accruing in favour of the
LESSOR.
12. ABANDONMENT OF PREMISES: In case the Leased Premises shall be
deserted or vacated by the LESSEE without written notice to the LESSOR
for unjustifiable or unreasonable cause for a period of thirty (30) days, the
LESSEE shall be presumed to have abandoned the premises and the
LESSOR may at its option and sole discretion (a) enter the Leased
Premises and enforce his lien on LESSEE’S furniture, fixtures, equipment
and other belongings located therein and (b) lease the premises to another
person or entity but the LESSEE shall remain liable for rentals during the
unexpired term of the Lease until the LESSOR shall have been able to lease
the premises to such other person or entity under the same or higher rate
of rental.
The LESSEE shall be answerable for storage charges in the amount of not
less than ONE HUNDRED PESOS (Php 100.00) per day. Any furniture or
effects removed from the Leased Premises and place in storage shall be
considered as taken under constructive pledge and may be disposed of by
the LESSOR under the applicable provisions of law. Any proceeds from the
sale thereof shall be applied to the LESSEE’s unsettled obligations.
The remedy of the LESSOR under this Section shall be without prejudice to
any other remedy which LESSOR may have under this Contract or under
any applicable law. The LESSEE especially warrants that it is the sole and
absolute owner of all property, furniture, fixtures, appliances, personal
effects, appurtenances, brought by it into the Leased Premises; and hereby
solemnly binds itself not to allow the property of any third party to remain or
be left herein without previously notifying the LESSOR in writing to that
effect; consequently, unless the LESSOR is so previously notified by the
LESSEE, all properties found in the Leased Premises shall be conclusively
presumed to belong to the LESSEE and shall be subject to the LESSOR’s
lien, when applicable.
13. FAILURE TO SURRENDER PREMISES: Immediately upon termination of
the Lease, LESSEE shall promptly surrender the premises, together with all
the keys and all items belongings to the LESSOR in the same clean, good,
tenantable condition in which LESSEE received them, ordinary wear and
tear excepted, devoid of all occupant’s furniture and personal belongings;
otherwise, said belongings shall be transported and deposited to the
LESSOR’S storage areas and all expenses charged to LESSEE including
a storage fee of ONE HUNDRED PESOS (P100.00) per day. Security
Deposit cannot be applied as payment for the storage fees. The LESSOR
shall not be responsible for any loss or damage to said belongings of
LESSEE.
14. NOTICE TO VACATE & APPOINTMENT OF LESSOR AS ATTY-IN-
FACT:
If after due notice has been given to the LESSEE of the cancellation of the
lease, the latter fails to comply with the LESSORs demand for the return to
it of the possession of the premises and the payment of the LESSEEs
accrued obligations pursuant to the provisions of this Contract or in the
event the LESSOR should exercise its Contract or in the event the LESSOR
should exercise its right to enforce its preferred lien on the personal
 properties of the LESSEE existing on the Leased Premises, or in the event
of default or breach by the LESSEE of any of the provisions herein
contained, the LESSEE hereby empowers the LESSOR and/or
her authorized representatives to open, enter, occupy, padlock, secure,
enclose, fence and/or discontinue public utilities and otherwise take full and
complete physical possession and control of the Leased Premises without
resorting to court action. the LESSEE further agrees to pay for all cost of
transfer and storage without any liability upon LESSOR as to loss or
damage to said personal belongings.
For purposes of this provision and other pertinent provisions of this
Contract, the LESSEE hereby constitutes the LESSOR and her authorized
representatives as the LESSEEs attorney-in-fact, and all acts performed by
them in the exercise of their authority are hereby confirmed. The LESSEE
hereby expressly agrees that only or all acts performed by the LESSOR,
her authorized agents, employees and/or representatives under the
provisions of this Section may not be the subject of any Petition for a Writ
of Preliminary Injunction or Mandatory Injunction in court.
15. SUBLEASING: LESSEE shall not assign, sublease, transfer, convey or
hypothecate this Lease or transfer her right to the Leased Premises or any
portion thereof or any interest therein upon any guise whatsoever and the
said Leased Premises shall not be used by any other that LESSEE herein
named, without prior consent of the LESSOR, and any breach of this
condition shall be sufficient ground for the termination of this Contract at the
option of the LESSOR.
16. NO WAIVER OF RIGHTS: Failure of the LESSOR to insist upon a strict
performance of any terms, conditions and covenants hereof or any act of
leniency on the part of the LESSOR, shall not be deemed a relinquishment
or waiver of any subsequent breach of default of the terms, conditions, and
covenant herein contained, which shall be deemed in full force and effect.
No waiver by the LESSOR shall be deemed to have been made unless
expressed in writing and signed by the LESSOR.
17. INSPECTION OF PREMISES: The LESSOR or its authorized
representative shall have the right to visit, inspect, make necessary repairs
in the Leased Premises at any reasonable hour of the day.
18. HOUSE RULES: The LESSEE shall comply with the HOUSE RULES
including but not limited to rules on sanitation safety or security, which may
be promulgated from time to time by the LESSOR. The HOUSE RULES is
an integral part of this Contract.
19. PRE-TERMINATION OF LEASE: This lease agreement may be pre-
terminated by LESSOR in case of breach or violation of any terms and
conditions stated in this contract. The LESSEE agrees to vacate the
property peacefully after a receipt of a THIRTY (30) day notice to vacate the
Leased Premises. Delivery of such notice to the address of the LESSEE
by registered mail or courier service shall constitute compliance on the part
of the LESSOR. Should this contract be terminated, all unpaid rental and
surcharges thereto shall be immediately due and demandable. The
LESSEE shall need written clearances from the LESSOR before he can
bring out anything from the Leased Premises. Clearances shall only be
issued when all unpaid rental and all other fees for the account of the
LESSEE shall have been paid.
The LESSEE has the right to cancel this lease at any time but it shall pay
all rents corresponding to the remaining unexpired portion of the Contract
together with the forfeiture of the full amount of the Security Deposit.
LESSEE shall give written notice to the LESSOR at least THIRTY (30) days
prior to the date of pre-termination. In case of pre-termination of the lease
contract but failed to comply with the thirty-day notice rule, the LESSEE has
 the obligation to assist the LESSOR in finding new lessee, otherwise the
lease contract will not be pre-terminated.
The option to pre-terminate shall be exercised by LESSEE only if LESSEE
is not in arrears with its rent, utilities, and all other payments due in
connection with LESSEE’s occupation of the Leased Premises have been
fully paid.
20. PROHIBITED ARTICLE/S APPLIANCES: While this contract is in full force
and effect, the LESSEE shall not store, maintain, keep or bring unto the
premises any explosive, inflammable, combustible and/or obnoxious good
or materials as well as those appliances or articles which by reason of their
nature and purpose may emit fumes, smoke, smell, or noise that may cause
harm, damage, nuisance or inconvenience to the other residents and
expose the Leased Premises to fire or increase the rate of insurance of the
LESSOR.
Before bringing in any appliance, the LESSEE shall secure a written
permission from the LESSOR otherwise the latter shall have the right to
deny entry of such appliance.
21. TRANSFER OF RIGHTS: The LESSEE shall not directly or indirectly
transfer its rights under this contract, nor shall the LESSEE enter into any
agreement of any kind whatsoever with any person whereby said third party
will be allowed to occupy any room under any guise whatsoever and that
such contract or agreement made in violation of this paragraph shall be
absolutely void ab initio.
22. EFFECT OF CONTRACT: This Lease Agreement supersedes and renders
void any and all agreements, undertaking, verbal and/or written, previously
entered into between the parties covering the property herein leased; and
this agreement may not hereafter be modified or altered except by
instrument in writing duly signed by the parties hereto.
23. VENUE OF ACTIONS: All legal actions arising here from or in connection
with the Leased Premises subject hereof, may at the option of the LESSOR
be brought ONLY before a competent court in Quezon City, Metro Manila.
IN WITNESS WHEREOF, the parties have hereunto signed this instrument
this ______ day of ______, 20___ in Quezon City, Philippines.

By:

______________ _______________
Attorney-in-fact of the LESSOR LESSEE

Signed in the Presence of:

______________________ __________________
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

City of Quezon ) SS

BEFORE ME, a Notary Public for and in Quezon City, this ___ th day of
______________, personally appeared:

NAME IDENTIFICATION CARD, PERIOD OF VALIDITY

all known to me and to me known to be the same persons who executed the
foregoing instrument and they acknowledge the same to be their free act and deed.

WITNESS MY HAND AND SEAL in place and date above mentioned.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20__.