Residential Lease Agreement

This Lease Agreement (the “Agreement”) is made and executed on in the Republic of the Philippines, by and between:

1. Parties

Lessor: , of , contact (the “Lessor”);
Lessee: , of , contact , holder of valid ID (the “Lessee”).
The Lessor and Lessee are collectively the “Parties,” each a “Party.”

2. Leased Premises

The Lessor leases to the Lessee, and the Lessee accepts on lease, the residential property described as:

Property type: Property type…HouseCondominium unitApartmentTownhouseRoom / bedspaceOther. Details: (the “Premises”), for residential use only.

3. Term

The term of this lease is months, commencing on and ending on . Upon expiry of a definite term, this lease terminates without need of a demand, per Civil Code art. 1669.

4. Rent

The Lessee shall pay the Lessor monthly rent of PHP (PHP 0), payable in advance on or before the day of each calendar month, at the place and manner the Parties agree, per Civil Code art. 1657.

5. Advance Rent and Security Deposit

Upon signing, the Lessee shall pay month(s) of advance rent, totalling PHP 0, and a security deposit of month(s) of rent, totalling PHP 0, receipt of which the Lessor acknowledges. The deposit answers for unpaid rent, utility charges, and damage beyond ordinary wear and tear, and shall be returned to the Lessee within a reasonable time after the Lessee vacates and delivers the Premises in good order.

If this unit is covered by the Rent Control Act (Republic Act No. 9653, as extended), being a unit with monthly rent not exceeding PHP 10,000 in Metro Manila and other highly urbanized cities, or PHP 5,000 in other areas: advance rent shall not exceed one (1) month and the security deposit shall not exceed two (2) months' rent.

6. Rent Increase

If this unit is covered by the Rent Control Act, the Lessor may not increase rent unless the Lessee has occupied the unit for at least one year and is current on rent, and any such increase shall not exceed seven percent (7%) per year (the statutory ceiling under RA 9653), or such lower percentage as the National Housing and Human Settlements Board sets for the applicable year, subject to at least thirty (30) days’ prior written notice.

7. Utilities and Association Dues

Electricity, water, and internet charges shall be paid by: Electricity, water & internet paid by…LesseeLessorShared / as separately agreed. Condominium or homeowners’ association dues, if applicable, shall be paid by: Condominium / association dues paid by…LesseeLessorNot applicable.

8. Use of Premises and House Rules

The Lessee shall use the Premises exclusively for residential purposes, as a diligent father of a family would (Civil Code art. 1657), and shall not use them for any unlawful purpose or cause a nuisance to neighbors. Pets allowed: YesNo. Smoking indoors allowed: YesNo.

Additional house rules:

9. Maintenance and Repairs

The Lessor shall deliver the Premises fit for the use intended, make all necessary repairs during the lease to keep them so, unless otherwise stipulated, and maintain the Lessee in peaceful and adequate enjoyment of the Premises for the entire term (Civil Code art. 1654). The Lessee shall promptly notify the Lessor of any need for repair or of any adverse claim on the Premises (art. 1663). If urgent repairs cannot be deferred until the end of the lease and disturb the Lessee for more than forty (40) days, the rent shall be reduced in proportion to the time, including the first forty days, and the part of the Premises the Lessee is deprived of (art. 1662).

10. Subletting and Assignment

Subletting is: YesNo. Absent the Lessor’s written consent, the Lessee may not assign the lease (Civil Code art. 1649); unless expressly prohibited, the Lessee may sublet all or part of the Premises but remains directly liable to the Lessor for the performance of this Agreement (art. 1650).

11. Late Payment

Rent unpaid when due shall accrue a penalty of % per month on the overdue amount until paid in full.

12. Termination

Either Party may terminate this lease before the end of its term for just cause, or by mutual written agreement. The Lessor may judicially eject the Lessee for: expiration of the term; non-payment of rent; violation of any condition of this Agreement; or use of the Premises for purposes other than those agreed upon (Civil Code art. 1673). Except where the law requires none, the Party seeking early termination shall give the other not less than days’ prior written notice.

13. Holding Over and Renewal

If the Lessee remains in the Premises for fifteen (15) days after the term expires with the Lessor’s acquiescence and without notice to the contrary from either Party, an implied new lease (tacita reconduccion) arises under Civil Code art. 1670, for the period established in art. 1687 (month-to-month if rent is paid monthly), on the same terms as this Agreement except as to duration.

14. Return of the Premises

Upon expiration or termination, the Lessee shall return the Premises in the condition received, ordinary wear and tear excepted (Civil Code art. 1665). Absent proof to the contrary, the Lessee is presumed to have received the Premises in good condition and is liable for any deterioration or loss unless shown not to be the Lessee’s fault (art. 1667).

15. Governing Law and Venue

This Agreement is governed by the laws of the Republic of the Philippines, in particular the Civil Code provisions on lease (arts. 1642-1688) and, where applicable, the Rent Control Act (Republic Act No. 9653, as extended). Any action arising from this Agreement shall be brought before the proper courts of .

IN WITNESS WHEREOF, the Parties have read and understood this Agreement and signed below in the presence of the witnesses.

Signatures and Witnesses

Lessor: ______________________________  

Lessee: ______________________________  

Witness 1: ______________________________  

Witness 2: ______________________________