You are on page 1of 6

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This contract of lease is made and entered into by and between:

JUAN JUAN C.SY CHUA and JOHN T.SY CHUA,Both of legal age, Filipino Citizen with the
address at ANTEL SEA VIEW 514C. PASAY CITY, NCR (hereinafter referred to as the “LESSOR”)

-and-

TAN YIYUN, Legal of age, Chinese Citizen, with the address at PEARL PLAZA, QUIRINO
AVE, TAMBO PARANAQUE CITY, NCR (hereinafter referred to as the “LESSEE”)

RECITALS

The LESSOR is the registered and absolute owner of a ANTEL SEA VIEW 514C, ROXAS
BLVD, PASAY CITY with certain fixture, furniture, effects, appliance and facilities found therein
(hereinafter referred to as the Leased Premises);

The LESSEE desires to lease the above described Leased Premises.

The LESSOR agrees to lease and let the Leased Premises to the LESSEE under the terms
and conditions of this Contract of Lease (hereinafter referred to as the CONTRACT);

NOW, THEREFORE, for and in consideration of the payment and rent and the faithful
compliance with all the terms, provisions, conditions and covenants hereinafter contained, the
LESSOR hereby lease and lets unto the LESSEE, and the LESSEE hereby accept, the Leased
Premises under this Contract, under the terms and conditions:

TERMS AND CONDITIONS

1. PURPOSES: The Leased Premises shall be used exclusively by the LESSEE for Residential
Purposes only to house ________ occupants and shall not be diverted to other uses. It is
expressly agreed that if at any time the Leased Premises are used for other purposes and
housed more than the indicated number of occupants, the LESSOR shall have the right to
rescind this Contract without prejudice to other rights as may be provided for by law.

2. TERM OF LEASE: The term of lease is for a period of ONE (1) YEAR commencing from May
20, 2018 and ending on May 19, 2019. This lease may be renewed under such terms and
conditions as may be mutually agreed upon by both parties. Written notice of intention to
renew the lease shall be served to the LESSOR not later than fifteen (15) days prior to the
expiry date of the period herein agreed upon.

3. RENTAL RATE: The LESSEE shall pay a monthly rental rate for the Leased Premises in the
amount of PESOS: FIFTY FIVE THOUSAND PESOS (₱55,000.00) Philippine Currency, VAT
exclusive. All rental payments is payable to the LESSOR or its Authorized Representative on
the dates, scheme, and / or schedule specified in Paragraph 4 of this Contract without any
need of demand.
4. PAYMENT SCHEDULE FOR ADVANCE OR SUCCEEDING PAYMENTS: The advance/
succeeding payment(s) that shall be made in Cash with the Schedule and Schemes as
follows:

PAYMENT TYPE AMOUNT DUE ON

SIX (6) months Advance Rental fee ₱330,000.00 UPON SIGNING

TWO (2) months Security Deposit ₱ 110,000.00 UPON SIGNING

Remaining SIX (6) months rental fee ₱330,000.00 NOV , 2018

5. DEPOSIT: The LESSEE shall deposit a non-interest bearing Security Deposit to the LESSOR an
amount equivalent to TWO (2) MONTHS rent totaling ONE HUNDRED TEN THOUSAND
PESOS (₱110,000.00) Philippine Currency, upon signing of this Contract and the LESSEE’S
move in.

The Security Deposit shall be refunded without interest, within thirty (30) days after
the expiration of the terms of lease, upon the LESSES’S satisfaction of all his obligations,
representations and warranties to the LESSOR and after the LESSEE shall have completely
and satisfactory vacates and delivered the Leased Premises to the LESSOR . Items
deductible to the Security Deposit includes but not limited to the following:

a) Unpaid utility bills such as Electricity, Water, Telephone, Cable, Internet and etc.;
b) Property/ Facility Destruction other than the usual wear and tear; and
c) Discontinuance of Lease as indicated on the period of lease as pre-termination
damages
d) Any act which constitutes violation of any provisions of the contract

6. DEFAULT IN PAYMENT: In case of default by the LESSEE in the payment of the rent, seven
(7) business days after payment becomes due, such as when the checks are dishonored, the
LESSOR at his option may terminate this Contract and eject the LESSEE from the Leased
Premises. The LESSOR has the right to padlock the premises when the LESSEE is in default
for one (1) month and may forfeit whatever rental security deposit or advances have been
given by the LESSEE.

7. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the Leased
Premises to be occupied in whole or in part by any person, form or corporation, neither
shall the LESSEE assign as rights hereunder so any other person or entity and no right of
interest or therein shall conferred on or vested in anyone by the LESSEE without the
LESSOR’S written approval.

8. RULES & REGULATIONS: During the lease period, the LESSEE shall respectfully and regularly
abide by and follow all the Rules and Regulations being imposed by the Management or
Administrator of the Leased Premises property management. The LESSEE shall also abide by
and faithfully comply with the rules, regulations and policies of the Homeowner’s
Association wherein the LESSOR is a member and whose jurisdiction the Leased Premises
belongs.

8.1 In case of complaint/s from neighbor or homeowner’s association, the Lessee


shall act on the complaint within five (5) days from receipt of the complaint.

8.2 Lessee shall park his vehicle only on designated and allotted parking space.

9. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electricity, cable TV, water,
internet and other public services and utilities during the duration of lease. Association
dues, Real Property Taxes or other personal expense in the account of the LESSOR shall be
paid by the LESSOR. Furthermore, the LESSOR only allows new application for the public
utilities upon written consent or authorization. Application or installation fees incurred
thereof shall be under the account and expense of the applying LESSEE.

10. LESSOR’S RIGHT OF ENTRY: The LESSOR or its Authorized Representative shall after giving
due notice to the LESSEE shall have the right to enter the Leased Premises in the presence
of the LESSEE or its representative at any reasonable hour to examine the same or make
repairs therein or for the operation and maintenance of the building or to exhibit the
premises to prospective LESSEE, or for any other lawful purposes which it may deem
necessary.
11. MODIFICATION, ALTERATIONS AND IMPROVEMENTS: The LESSOR grants the LESSEE the
right to undertake any modification, alterations, additions, improvements in or about the
Leased Premises with the need of prior notice to, or consent of the LESSOR. The cost of
such modifications, alterations, additions, improvements in or about the Leased Premises
shall be for the sole account of the LESSEE.

All such forced and/or immerse modifications, alterations, additions, improvements


shall become the property of the LESSOR upon the expiration of the Contract.

12. MAINTENANCE AND FORCE MAJEUR: The LESSEE shall at his expense, maintain the Leased
Premises in a clean and sanitary condition at all times. This includes the responsibility of
taking care of their garbage disposal. The LESSEE shall not bring into or store in the Leased
Premises materials of a poisonous, explosive, highly inflammable or hazardous nature. The
LESSEE shall not allow illegal drugs or substances to be formulated, kept or used within the
Leased Premises. The LESSEE shall not use the room for any illegal purpose such as but not
restricted to gambling, cockfighting, an illegal drug den and other activities deemed illegal
by law.

12.1 Repairs and maintenance cost arising from the normal wear and tear of
usage, including maintenance of water, electrical and sewage systems shall be for the
sole account of the LESSEE. Repairs and maintenance arising from the structural or
hidden defects of the Leased Premises or from God or Force Majeure shall be for the
account of LESSOR.

12.2 If whole or any part of the Leased Premises shall be destroyed or


damaged by fire, flood, lighting, typhoon, earthquake, storm, riot or any other
unforeseen disabling caused 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 of
Contract may be terminated without any party liable for damages.

12.3 In case of fire, the parties agree that the advance rental shall be forfeited
in favor of the LESSOR.

12.4 The LESSEE shall not engage into noisy activities and shall abide with the
ordinance on using karaoke and engaging into noise activities specifically while holding
parties up to 10:00 in the evening only.

12.5 The LESSEE shall use less hazardous cooking appliance to avoid fire
hazard.

13. SALE AND ENCUMBRANCE OF LEASED PREMISES: The LESSOR, as the owner of the Leased
remises shall have the rights to dispose, transfer, sell, assign, convey and encumber the
Leased Premises or any interests therein provided that the LESSOR shall state in the
instrument of sale or encumbrance that the buyer of the Leased Premises shall abide by
and honor the terms of the Contract in such case the payable rent accruing after the sale,
transfer, assignment conveyance and encumbrance of the Leased Premises shall then be
paid to the new owner of the Leased Premises.

14. PRE-TERMINATION OF CONTRACT: The LESSEE shall have the right to pre-terminate the
Contract at any time one (1) month prior to the pre-termination date by serving a written
notice to the LESSOR, provided that the LESSOR shall forfeit all the security deposits and/or
advances representing as a pre-termination fee which constitutes damages incurred by the
LESSOR due to pre-termination.

Only upon the receipt of the pre-termination fee by the LESSOR or the mutual
consent of both parties are secured shall this contract deemed as extinguished.

15. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as
herein provided, the LESSEE will promptly deliver to the LESSOR the Leased Premises with
all corresponding keys and in as good tenable condition as the same is now, ordinary wear
and tear exempted but devoid of all occupants, movable furniture, articles, and effects of
any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR
the right at the latter’s option, to refuse to accept any delivery of the premises and compel
the LESSEE to pay rent therefrom at the same rate plus twenty-five percent (25%) thereof
as penalty until the LESSEE shall have complied with the terms hereof. The same penalty
shall be imposed in case the LESSEE fails to leave the premises after the expiration of this
Contract of Lease or termination for any reason whatsoever.

15.1 It is understood that refund of deposit shall be made sixty (60) days after the
expiration of the contract and after all pending payments for utilities like electricity,
telephone, sky cable and others were all fully settled. Settlement of those utility bills shall
be deducted from the deposit.
16. THIRD PARTY LIABILITY: The parties shall hold each other party free from harm, any
damages, liability or responsibility to any person or property arising out of or as a
consequence of the fault and negligence of the other party, his agents, employees, or
guests.

17. BREACH OR DEFAULT: Violation of the other party of any terms or conditions of this
contract shall entitle the aggrieved party to terminate this Contract by giving written notice
to the other party of such violation. Any breach or violation of any of the terms and
conditions by a party of this Contract shall have to be rectified within fifteen (15) days from
receipt of the written notification from the aggrieved party. Failure to rectify the violation
will automatically give the aggrieved party the right to terminate this Contract. In cases of
pre-termination based on this section where the LESSEE is the aggrieved party, the LESSEE
shall not be liable to pay the LESSOR any pre-termination fee.

18. NON-WAIVER: Failure of either party to insist upon a strict performance of any of the terms
and conditions thereof, shall not be deemed a relinquishment or waiver of any right or
remedy which that partly may have, nor shall it be construed a waiver of any subsequent
breach or default of the terms and conditions thereof, which terms and conditions shall
continue to be in full force and effect. No waiver of either party of any of its rights under
this contract shall be deemed to have been made unless expressed in writing by such party
within fifteen (15) days thereof.

19. SEPARIBILITY CLAUSE: If any of one or more if the provisions of this Contract is declared
invalid, illegal, or unenforceable in any respect under any applicable law, the validity,
legality or enforceability of the remaining provisions contained herein shall not be in any
way be affected or impaired.

20. JUDICIAL RELIEF: Should any one of the parties herein is compelled to seek judicial relief
against the other, the losing party shall pay an amount of One Hundred Percent (100%) of
the amount claimed in the compliant as attorney’s fees which shall in no case be less than
Fifty Thousand Pesos (₱50,000.00) in addition to other costs and damages which, the said
party may be entitled to under the law.

Any action arising out of this Contract shall be filed exclusively with the proper court
of Pasay City.

21. BINDING EFFECT: All the terms, covenants and condition and provisions of the Contract
shall be in binding enforceable upon parties and their heirs, executors, administrator,
successors-in-interest and assigns.

22. AMENDMENTS: No modification or amendment of this Contract shall be considered as


having been made unless executed in writing and duly signed by the parties hereto:

IN WITNESS WHEREOF, parties herein affixed their signature on the date and place above-
written
JUAN JUAN C.SY CHUA
and
JOHN T.SY CHUA TAN YIYUN
Lessor Lessee

Signed in the Presence of:

________________________ __________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES


___________ (METRO MANILA) S.S.

BEFORE ME, A Notary Public for ____________________________Metro Manila this


________ day of May 2018, appeared:

NAME ID NO. /S

JUAN JUAN C.SY CHUA Phil. Passport No. EC0568841

JOHN T.SY CHUA Phil. Passport No. EC0574660

TAN YIYUN China Passport No. EA7633516

know to me to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their own free will and as their voluntary act and deed as
well as those of the entities herein represented.

WITNESS MY HAND AND SEAL

Notary Public

Doc. No.____
Page No.____
Book No.____
Series of 2018

You might also like