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Contract of Lease

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29 views11 pages

Contract of Lease

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LambsLions29
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This LEASE AGREEMENT is made and executed at the City of Dipolog, Province
of Zamboanga Del Norte, this 26th day of November 2023, by and between:

Mark Gremer Rey Jucoy, Filipino of legal age, single and with postal address at,
Barangay 456 Turno Street, Dipolog City, Zamboanga Del Norte, referred to as
the LESSOR;

-and-
Patricia Louise Luayon, Filipino of legal age, single and with postal address at, 222
Pinan Road, Dipolog City, Zamboanga Del Norte, referred to as the LESSEE

WITNESSETH: That

WHEREAS, the LESSOR is the absolute owner of the “LEASED PROPERTY”, a


2 bedroom house and lot, situated at 333 Miputak Apartment #5 Dipolog City covered by
Transfer Certificate of Title No. T-8176, a copy of which is hereto attached to as Annex
“A”

WHEREAS, the LESSOR has offered for lease and the LESSEE desires to lease
the LEASED PROPERTY

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


the herein mutual covenants contained herein, the LESSOR hereby leases the LEASED
PROPERTY to the LESSEE and the LESSEE hereby accepts the same from the
LESSOR, under the following conditions:

1. TERM OF LEASE. The term of this lease shall be for a period of


one (1) year, commencing on 01 January to 31 December 2023.

2. RENTAL

A. RATE. The LESSEE shall pay for the use of the LEASED
PROPERTY the monthly rate of Ten thousand pesos (P
10,000.00), inclusive of association dues to be paid in advance
within Five (5) days of every current month.

B. OTHER INCLUSIONS. The rental is inclusive of the following


bills: water, electricity, landline phone, internet and cable tv.

C. PENALTY FOR LATE PAYMENT OF RENT. A grace period


of Five (10) days shall be given from the date specified in this
agreement of the monthly rent and any delayed payments
thereafter shall be charged a penalty of three (3%) percent of the
rent.

3. ADVANCED RENT AND SECURITY DEPOSIT.

The LESSEE shall pay Twenty thousand pesos (P 20,000.00)


representing both the One (1) month advance rental, to be applied
on the first month of the lease period, and One (1) month security
deposit.

The security deposit will answer for any unpaid charges for
services and utilities incurred by the LESSEE, damages to the
premises, with the exception of natural wear and tear, and as
liquidated damages as provided for under this AGREEMENT. The
amount, after due deduction therefrom, shall be refunded to the
LESSEE no later than thirty (30) days from the complete return of
the LEASED PROPERTY.

4. METHOD OF PAYMENT

At the signing of this Agreement, the LESSEE shall make the


initial payment of the advance rent and the security under this
Agreement in cash to the LESSOR. Thereafter, the monthly rent
payments shall be made in advance in cash to the LESSOR every
1st day of the month. However, when said day falls on a weekend
or legal holiday, the rent will be due on the first business day after
said date.

5. CONDITIONS OF PROPERTY

The Lessee has inspected the LEASED PROPERTY and has


found the same to be in good and habitable condition.

The LESSEE has also found the following to be in good and


working condition:

All furniture included in the LEASED PROPERTY shall be


considered as part of the LEASED PROPERTY.

6. USE OF LEASED PROPERTY

a. PURPOSE OF THE LEASE. The LEASED PROPERTY shall


be used exclusively by the LESSEE for residential purposes
only and may not be used for any other purpose without the
written consent of the LESSOR.

The LEASED PROPERTY shall not be used for any illegal


purpose or acts. IF the LESSEE becomes aware of any illegal
activities on the LEASED PROPERTY, the LESSEE shall notify
the LESSOR as well as the proper authorities. The LESSEE
shall be responsible for any illegal acts or omissions of the
LESSEE’s household members, guests, visitors or other
persons allowed by the LESSEE to be in the LEASED
PROPERTY although the LESSEE was not a party to or knew
of said illegal acts or omissions in the LEASED PROPERTY.

b. MAINTENANCE AND REPAIRS. The LESSEE shall keep the


LEASED PROPERTY in a clean and sanitary condition and
use and maintain any furniture and/or appliances found in the
LEASED PROPERTY with the due diligence of a good father
of a family.

The LESSEE shall report to the LESSOR of the need for any
necessary repairs on the LEASED PROPERTY as soon as
possible but in no case later than forty-eight (48) hours from
the time the damage or need for repair was discovered.

The LESSOR shall make or cause to make any necessary


upon receipt of notice from the LESSEE. If the LESSOR fails
to make or cause to be made any urgent or necessary repairs
within three (3) working days from notice, the LESSEE may
make or cause the urgent or necessary repairs to maintain the
LEASED PROPERTY in a good and habitable condition. Said
repairs shall be for the account of the LESSOR unless the
damage arose from the LESSEE’s fault or negligence or the
fault of negligence of the LESSEE’s household members,
guests, or other visitors.

If the damage arose from the LESSEE’s fault or negligence or


the fault of negligence of the LESSEE’s household members,
guests, or other visitors, the LESSEE may make or cause the
necessary repairs for the LESSEE’s account provided that any
poor workmanship may also be undone at the LESSEE’s
account.

c. IMPROVEMENTS AND ALTERATIONS. The LESSEE shall


not make any structural alterations, addition, or improvement
on the LEASED PROPERTY without the written consent of the
LESSOR.

Any major alterations or improvements made or introduced by


the LESSEE without the written consent of the LESSOR shall,
upon termination or expiration of this lease, automatically injure
to the benefit of the LESSOR without any obligation to pay for
its cost or value or the LESSOR may have the same removed
at the cost of the LESSEE.

Any useful improvements introduced by the LESSEE with the


written consent of the LESSOR may be retained by the
LESSOR, upon termination or expiration of this lease, by
paying one-half of the value of the major alteration or
improvement unless otherwise provided in the written consent.
Should the LESSOR refuse to keep the said improvements, the
LESSEE may remove the same even though the LEASED
PROPERTY may suffer damage provided that the LESSEE
shall not cause any more damage to the LEASED PROPERTY
than is necessary for the removal of the improvements, unless
otherwise provided in the written consent. However, unless
otherwise provided in the written consent, any ornamental
improvements shall automatically injure to the benefit of the
LESSOR unless the LESSOR does not choose to retain said
ornamental improvements and the same can be removed
without damage to the LEASED PROPERTY.

The LESSEE shall not drive nails, hooks, screws, etc. on the
walls, ceiling, or floors of the LEASED PROPERTY without the
prior written consent of the LESSOR. The LESSEE shall
remove any installed nails, hooks, screws, etc. at the expiration
or termination of the lease and restore any surface were said
nails, hooks, screws, etc. were installed to its original condition.

d. OCCUPANCY.

The LESSEE shall ensure that not more than 3 persons shall
reside in the LEASED PROPERTY at one time.

e. FIRE HAZARD AND HAZARDOUS SUBSTANCE. The


LESSEE shall not keep or store flammable, combustible or
explosive materials inside or within the LEASED PROPERTY.

f. UTILITIES

The LESSEE shall be responsible for the payment of other


services and utilities not included in the payment of the rental rate.

The LESSEE shall enjoy the use of the water, electricity, landline
phone, internet and cable, tv, subject to the prompt payment of
the monthly rental. The LESSOR shall not be responsible and/or
held liable for any failure to provide the utilities due to
circumstances beyond the control of the LESSOR.

g. SHORT-TERM SUB RENTALS.

The LESSEE shall not place the LEASED PROPERTY up for any
short-term rental, including through online vacation rental sites.

h. PETS

The pet policy for the LEASED PROPERTY are as follows:

i. RULES AND REGULATIONS. The LESSEE shall abide by the


existing and future rules and regulations promulgated by the
LESSOR, and other laws, ordinance, rules, and regulations
occupancy of the LEASED PROPERTY.

j. LOCKS. The LESSEE shall not alter or replace any locks on


the LEASED PROPERTY without the written consent of the
LESSOR. The LESSEE shall also not add any new locks
without the written consent of the LESSOR. If the LESSEE
alters, replaces or installs additional locks, the locks shall stay
on the LEASED PROPERTY at the expiration of the
AGREEMENT, and will become part of the LEASED
PROPERTY, subject to other penalties that may be deducted
from the security deposit.

k. NOTICE OF ABSENCE. The LESSEE shall notify the


LESSOR in writing two (2) days prior to the departure of
LESSEE of the intention to leave the LEASED PROPERTY
unoccupied temporarily for more than thirty (30) days.

7. TAXES AND INSURANCE

All real estate taxes levied or assessed against the LEASED


PROPERTY and the following insurance on the LEASED
PROPERTY shall be for the account of the LESSOR:
8. RIGHT OF ENTRY OF LESSOR

The LESSOR or their authorized representative reserves the right


to to enter the LEASED PROPERTY as follows:

a. Upon a two (2) day notice to the LESSEE before entry, at


reasonable times, in order to inspect the LEASED
PROPERTY; make necessary or agreed repairs; to make
agreed decorations, alterations, or improvements; supply
agreed services; or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workers or
contractors. The LESSEE shall not unreasonably withhold
consent upon receipt of said notice. “Reasonable times” shall
mean 7:30 a.m. to 8:00 p.m.

b. In times of emergency, with or without the consent of the


LESSEE, for the protection or preservation of the LEASED
PROPERTY from causes that may result in the destruction of
the LEASED PROPERTY or for the protection and safety of
the occupants of the LEASED PROPERTY.

c. Upon a twenty-four-hour notice to LESSEE prior to entry to


make necessary repairs on the property at reasonable times.
“Reasonable times” for repair shall mean 7:30 a.m. to 8:00 p.m.

d. At any of the following circumstances:

1. With the consent of the LESSEE

2. When the LESSEE unreasonably withholds consent after


the above-mentioned notices

e. The LESSOR shall not abuse the right of access nor use it to
harass LESSEE.

9. TERMINATION OF THE LEASE BY THE LESSOR

The lease may be terminated, at the discretion of the LESSOR,


under the following circumstances:

a. If the LESSEE assigns or subleases the LEASED PROPERTY,


in whole or in part, including the acceptance of boarders or
beds pacers, without the written consent of the LESSOR;

b. If the LESSEE has arrears in payment of rent for total of three


(3) months;

c. Upon the expiration of the lease period, if the


LESSOR/OWNER has a legitimate need to repossess the
LEASED PROPERTY for the LESSOR/OWNER’s own use or
for the use of an immediate member of the family of the
LESSOR/OWNER as a residential unit;

d. If there is a need to make necessary repairs on the LEASED


PROPERTY to make the LEASED PROPERTY safe and
habitable due to an existing order of condemnation by
appropriate authorities; and
e. Upon the expiration of the period of lease.

10. NOTICE OF TERMINATIN BY THE LESSOR

The LESSOR may terminate the lease by sending a written notice


of termination. The written notice of termination may also include
a demand for the LESSEE to surrender and vacate the LEASED
PROPERTY.

Provided that, if the cause for termination is due to the legitimate


need to repossess the LEASED PROPERTY, the LESSOR shall
send a written formal notice of the decision to terminate at least
three (3) months in advance of the intention to repossess the
LEASED PROPERTY.

11. RECEIPT OF NOTICE BY THE LESSEE

All written notice from the LESSOR, including but not limited to
the written notice to terminate the lease and the written demand
to vacate and surrender the LEASED PROPERTY, shall be
considered received on the date of the actual receipt by the
LESSEE or the LESSEE’s authorized representative. If the
LESSEE or the LESSEE’s authorized representative refuse to
receive the said written notices or if the LESSEE or the LESSEE’s
authorized representative cannot be found on the LEASED
PROPERTY, the written notice shall be considered received by
the LESSEE on the date of the posting of the written notice on the
main entrance to the LEASED PROPERTY.

12. JUDICIAL EJECTMENT

The LESSOR may commence judicial proceedings for ejectment


upon the failure of the LESSEE to timely vacate and surrender the
LEASED PROPERTY despite the receipt of the notice of
termination of the lease and the demand to vacate and surrender
the LEASED PROPERTY.

13. PRE-TERMINATION BY THE LESSEE

The LESSEE may pre-terminate the lease:

a. Immediately through written notice, upon a breach or default of


the LESSOR of any terms and conditions of this AGREEMENT
and the LESSOR fails to rectify the said breach or default
within thirty (30 days from notice if the breach or default does
not impair the purpose and use of the LEASED PROPERTY.

b. Immediately through written notice, upon a breach or default of


the LESSOR of any terms and conditions of this AGREEMENT
and said breach or default impairs the purpose and use of the
LEASED PROPERTY.

c. Upon a thirty (30) day notice, if the LESSEE pre-terminates the


lease without any just cause.

14. FORTUITOUS EVENTS


In case of damage to the LEASED PROPERTY due to fortuitous
events such as flood, earthquake, fire, war, or any other
unforeseen events, the LESSEE shall immediately give notice to
the LESSOR as soon as possible, and in no case, less than forty-
eight (48) hours from the discovery of said damage. The LESSOR
shall make the necessary repairs for the LESSOR’s account as
provided for in this AGREEMENT provided that said damage,
without the fault or negligence of the LESSEE, makes the
LEASED PROPERTY no longer suitable for the purpose of this
AGREEMENT, either party may terminate the lease and any
unused advance rental already paid shall be refunded to the
LESSEE.

The LESSEE agrees to act with reasonable diligence in mitigating


the damage to the LEASED PROPERTY.

15. RENEWAL OF AGREEMENT OR EXTENSION OF THE LEASE

The LESSEE shall notify the LESSOR in writing of his or her


desire to renew the lease at least sixty (60) days prior to expiration
of the AGREEMENT, provided, however, that the mere
notification by the LESSEE of the desire to renew the
AGREEMENT shall not be deemed as an automatic renewal of
the lease. The LESSOR shall notify the LESSEE in writing at least
thirty (30) days prior to the expiration of the AGREEMENT if the
LESSOR shall agree to renew or extend the lease upon the terms
and conditions mutually agreed upon by both parties.

Failure of the LESSEE to give the written notice of their intention


to renew the lease within sixty (60) days or a failure to agree to
terms and conditions for the renewal or extension of the lease
entitles the LESSOR to show the LEASED PROPERTY to
prospective new tenants in the manner provided above and, if
proper, to hang a “For Rent” sign on the LEASED PROPERTY.

16. RETURN of LEASED PROPERTY

Upon the termination or expiration of the lease, the LESSE shall


immediately vacate and peacefully and completely surrender the
LEASED PROPERTY to the LESSOR in a good and habitable
condition, save for the natural wear and tear, and devoid of any
occupants, furniture, or other articles of any kind, save for the
alterations and modifications, in which case the proper provisions
in this AGREEMENT shall apply.

17. ASSIGNMENT AND SUBLEASE

The AGREEMENT may not be assigned, and the LEASED


PROPERTY may not be subleased without the written consent of
the LESSOR.

18. NO WAIVER OF RIGHTS

Failure of the LESSOR or the LESSEE to insist, in one or more


instances, the strict performance of any of the covenants of this
AGREEMENT, or to exercise any portion herein contained, shall
thereafter not be construed as abandonment or cancellation or
waiver of such covenant or option. No waiver shall be deemed to
have been made unless expressed in writing and signed by
LESSOR or the LESSEE.

19. INDEMNIFICATION

The LESSEE shall hold the LESSOR, its directors, officers,


employees, representatives and agents free from any damage or
injury to LESSEE or LESSEE’ family members, guests, domestic
helpers and other persons whose access to the LEASED
PROPERTY is allowed by the LESSEE or their property. The
LESSEE also agrees to indemnify and hold the LESSOR
harmless from all claims or assertions related to any said damage
or injury.

20. ENTIRETY OF AGREEMENT

This AGREEMENT represents the entire agreement between the LESSOR and the
LESSEE and supersedes all prior negotiations, representations, agreements, either oral
or written. This AGREEMENT may be amended only by a written instrument signed and
agreed upon by both parties.

IN WITNESS WHEREOF, the parties have hereunto affixed their signature on the date
and place first stated above.

MARK GREMER REY JUCOY


LESSOR

PATRICIA LOUISE Q LUAYON


LESSEE

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF DIPOLOG) S.S.

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued


MARK GREMER REY JUCOY 4567848931 Jan 4, 2022/Dipolog City
PATRICIA LOUISE LUAYON 3435534341 Jan 4, 2023/Dipolog City
Known to me and to me known 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.

WITNESS MY HAND AND SEAL on the date and at the place above written.

Atty. Cloud Rolly


NOTARY PUBLIC
Commission Serial No. 033-2026
Until December 31, 2023
Roll of Attorney No. 55332
IBP LRN No. 09191/12-19-2023
PTR No. 0783345 / 01 -05-2025/ Dipolog City
MCLE Compliance No. V- 0003571

Doc. No. 15
Page No. 2
Book No. V
Series of 2023

COPY: RECEIVED BY PATRICIA LOUISE LUYAON

DATE: DECEMBER 12, 2023

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