CONTRACT OF LEASE - Sample
CONTRACT OF LEASE - Sample
-and-
WITNESSETH:
2) TERM OF LEASE
This Contract shall be for a term of Five (5) YEARS, commencing from
August ____, 2021 to August 19, 2026.
3) MONTHLY RENTAL:
The LESSEE shall pay the LESSOR the following monthly rentals,
inclusive of Value Added Tax (VAT), net of Withholding Tax, subject to FIVE
PERCENT (5%) annual increase in rent commencing on the third year of the
lease, and every year thereafter:
Page 1 of 6
The LESSOR is hereby giving the LESSEE non-extendible One (1) Month
Grace Period, or from ______________ to _________, free of rents for the purpose
of giving sufficient time for the LESSEE to construct or introduce
improvements on the LEASED PREMISES. – WITH GRACE PERIOD ALSO?
The LESSEE shall be obliged to remit the Withholding Tax with the BIR
and must issue a CERTIFICATE OF CREDITABLE TAX WITHHELD AT
SOURCE to the LESSOR. The LESSOR shall have the right to demand for
LESSOR’s compliance on this matter. Continuous unjustifiable and/or
unreasonable refusal to comply shall be deemed as gross violation of this
contract.
4) ADVANCE RENTAL
The LESSEE shall deposit to the LESSOR upon signing of this contract
and prior to move-in an amount equivalent to one (1)-month rent or the sum
of FOURTEEN THOUSAND PESOS (P14,000.00), Philippine Currency. This
Advance Rental shall be applied as rents for the last two months of the term.
5) SECURITY DEPOSIT
The LESSEE shall deposit to the LESSOR upon signing of this contract
and prior to move-in an amount equivalent to two (2)-month rent or the sum of
TWENTY-EIGHT THOUSAND PESOS (P25,000.00). This Security Deposit
shall answer partially for damages and any other obligations, for utilities such
as Water, Electricity, Cable, Telephone, Internet, or resulting from violation(s)
of any of the provisions of this contract. In case of pre-termination, the
SECURITY DEPOSIT shall be forfeited in favor of the LESSOR, without
prejudice to the right of the LESSEE to claim for damages if the circumstances
warrant.
Page 2 of 6
The LESSEE shall not directly or indirectly sub-lease the LEASED
PREMISES or any portion thereof to any person; neither shall he/she assign
his right over it in favor of any third person. Any such contract made in
violation of this clause shall be null and void, and be deemed to be gross
violation of this Contract. It is expressly understood and agreed by the parties
that the personal character of the leased premises as above the restricted and
constituted are the special consideration for granting of this lease by the
LESSOR, consequently, any violation directly and unequivocally terminates
this contract of lease from the time such violation occur.
The LESSOR warrants that the LESSEE shall enjoy legal and peaceful
possession and use of the LEASED PREMISES at all times during the Lease
period.
The LESSEE shall also be responsible for the safety and security within
the LEASED PREMISES.
Page 3 of 6
11) PROPER COMPLIANCE WITH THE LAW:
The LESSEE shall comply with any and all laws, ordinances, regulations
or orders of the national or local government regarding the use, occupation,
and sanitation of the LEASED PREMISES. The LESSEE must secure all
pertinent licenses, permits, certificates and other documents, necessary for the
construction and operation of the business of the LESSEE.
Expenses and penalties arising from the failure to comply with such
laws, ordinances, regulations or order or from failure to secure the pertinent
licenses, permits, and other documents, shall be for the account of the
LESSEE.
12) UTILITIES:
14) PRE-TERMINATION:
Page 4 of 6
months; or in case the LESSEE shall become bankrupt or insolvent or shall
become legally questionable or is a fugitive, this lease contract shall become
automatically terminated and cancelled and the premises shall be vacated
peacefully by the LESSEE for the LESSOR to hold and enjoy henceforth as if
these presents have not been made and it shall be lawful for the LESSOR or
any person or persons duly authorized in his behalf, without any formal notice
or demand, to enter the LEASED PREMISES and exercise to any of all rights
from the contract of lease.
The LESSOR shall shoulder the payments of real property tax for the
LEASED PREMISES. However, the LESSEE shall also shoulder the payments
of real property taxes for the structures, buildings, machineries and other
improvements in the LEASED PREMISES.
Page 5 of 6
removed without causing damage or deterioration to the LEASED PREMISES or
to its market value.
Any action arising from this contract, shall be brought exclusively to the
proper court of the Davao City only, to the exclusion of all other courts.
IN WITNESS WHEROF, the parties hereunto set their hands this ____
day of ___________________ 2021 at Davao City, Philippines.
_____________________________ _____________________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Davao, personally
appeared the following persons with their respective competent evidence of
identity, known to me and to me known to be the same persons who executed
the forgoing instrument which they acknowledged to me to be their free
voluntary act and deed, consisting of six (6) pages, including this page in
which these Acknowledgement is written, duly signed by them and their
instrumental witnesses on each and every page hereof:
Doc. No.___;
Page No.___;
Book No.___;
Series of 2021.
Page 6 of 6